Faiyaz Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60622 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- INARWA District- West Champaran ====================================================== Faiyaz Mian Son Of Izrail Mian R/O Village- Inarwa, P.S.- Inarwa, DistrictWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Inarwa P.S. Case No. 13 of 2022 registered under sections 20(b), II (B), 23 (B), 29 of the NDPS Act.

As per prosecution case, it is alleged that while the S.S.B personnels were on their duty, they received an information that some persons carrying Ganja(Narcotics and Psychotropic like substance), on the said information, they apprehended two accused persons and on inquiry they disclosed the name of this petitioner who fled away from the spot. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.60622 of 2022(2) dt.08-02-2023 2/3 falsely been implicated in this present case. It is further submitted that the name of this petitioner came in the F.I.R. on the basis of the confessional statement of other co-accused persons, namely, Mustafa Ansari and Shamsher, who apprehended while chasing by the S.S.B. personnels. It is next submitted from para-16 of this petition that the petitioner has surrendered voluntarily before the learned Court below on 04.08.2022 and since then he is languishing in judicial custody. Nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the other co-accused person. Similarly situated co-accused person has already been granted bail by this co-ordinate Bench of this Court vide order dated 08.08.2022 in Cr. Misc. No. 24620 of 2022. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Inarwa P.S. Case No. 13 of 2022 on furnishing

Patna High Court CR. MISC. No.60622 of 2022(2) dt.08-02-2023 3/3 bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ IV, West Champaran, Bettiah.

(Sunil Kumar Panwar, J) shubham/- U T