Md. Faiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65516 of 2024 Arising Out of PS. Case No.-209 Year-2024 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Md. Faiyaz Son of Md. Munna Resident of Village - Gagipur, P.S. - Bathnaha, District - Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with N.D.P.S Case No. 67 of 2024 arising out of Muzaffarpur Town P.S. Case No. 209 of 2024, registered for the offences punishable under Sections 414, 201/34 of IPC read with 8(c) and 21(b) of the N.D.P.S. Act.

3. As per allegation, on a secret information, the police party apprehended the accused persons including the petitioner. On search, 2.4 grams of smack like substance was recovered from the possession of the petitioner and total 14 grams of smack was recovered from the possession of accused persons.

4. Learned counsel for the petitioner submits the petitioner is innocent and has falsely been implicated in the present case. He further submits that the alleged contraband is

Patna High Court CR. MISC. No.65516 of 2024(2) dt.23-09-2024 2/2 much less than the commercial quantity. He is under custody since 19.03.2024.

5. On the other hand, learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Special Court-1, (N.D.P.S.), Muzaffarpur, Bihar in connection with N.D.P.S Case No. 67 of 2024 arising out of Muzaffarpur Town P.S. Case No. 209 of 2024, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

7. Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in any other case of similar nature except the cases mentioned in Para-3 of the bail petition, the bail bond of the petitioner shall not be accepted. (Nawneet Kumar Pandey, J) priyanka/- U