Patna High CourtCR. MISC./64714/2024bail granted

Mohammad Imteyaz @ Md. Imtiyaz v. The State Of Bihar

2024-09-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64714 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- Kotwali District- Darbhanga ====================================================== Mohammad Imteyaz @ Md. Imtiyaz S/o Md. Jobibur Rahman R/o vill - Dilawarpur, P.S. - Bahadurpur, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidyanath Prasad, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kotwali P.S. Case No. 18 of 2024 instituted for the offences under Sections 20(6)(ii)(B), 29 of the NDPS Act.

3. As per prosecution case, the police has recovered 1.110 Kg of Ganja from the possession of the co-accused Santosh Kumar Mandal.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case only on the suspicion. The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis of the confessional statement of co-accused

Patna High Court CR. MISC. No.64714 of 2024(2) dt.06-09-2024 2/3 Santosh Mandal. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. Except confession, there is nothing against the petitioner. The petitioner has no criminal antecedent and is languishing in judicial custody since 26.07.2024 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Santosh Kumar Mandal has been granted bail by this Court vide order dated 21.08.2024 passed in Cr. Misc. No. 57819 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.64714 of 2024(2) dt.06-09-2024 3/3 Court below/concerned Court in connection with Kotwali P.S. Case No. 18 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T