Md Masum @ Pawroti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68163 of 2024 Arising Out of PS. Case No.-314 Year-2022 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== Md Masum @ Pawroti S/O Late Md. Hakhan @ Late Md. Harun @ Md. Harun R/O Village- Barauni, Bichla Tola, Ward No. 03, P.S- Phulwaria (Fulwaria), Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in a case registered for the offence punishable under Sections 8, 20(b)(ii) of the NDPS Act. As per allegation in the FIR, it is a case of recovery of 13.499 kg. ganja from the possession of the petitioner which is less than commercial quantity.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that he has no concern with the seized ganja and the said recovery of ganja is less than commercial quantity. Petitioner is in custody since 02.09.2022. He next submits that earlier the prayer for bail of this petitioner was rejected by this

Patna High Court CR. MISC. No.68163 of 2024(3) dt.14-02-2025 2/2 Court passed in Cr. Misc. No. 10398 of 2024.

Learned APP for the State opposes the prayer for regular bail of the petitioner.

In view of the aforesaid facts as also the fact that the seized ganja is less than commercial quantity and petitioner is in custody for more than two years and this Court in Cr. Misc. No. 10398 of 2024 was directed to the trial Court to conclude the trial preferably within a period of one year from the date of receipt of a copy of this order, but the trial is not concluded as yet by the learned trial Court, so I am inclined to grant bail to the petitioner. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge NDPS Act, Begusarai in connection with NDPS Case No.35 of 2022 arising out of Barauni Rail (Rail Barauni) P.S. Case No. 314 of 2022, subject to the conditions that the petitioner shall appear before the trial Court on each and every date till disposal of the trial.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T