Ahmad Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62785 of 2022 Arising Out of PS. Case No.-452 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Ahmad Raja S/o Haidar Qurashi R/o Baliganj, Dharhara Choki, P.S.- Ara Nagar, Distt- Bhojpur, Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Deo, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 24.05.2022 in connection with Ara Town P.S. Case No. 452 of 2022, F.I.R. dated 23.05.2022 for the offences punishable under Sections 21A, 25 and 27 of the N.D.P.S. Act.

Recovery is of 5.500 milligrams of Monoacetyl Morphine.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears

Patna High Court CR. MISC. No.62785 of 2022(5) dt.25-05-2023 2/3 from the F.I.R. as well as seizure list that 5.500 milligrams of contraband has been recovered from the possession of the petitioner. He further submits that the the recovered contraband is less than the commercial quantity, so there there is no embargo under Section 37 of the N.D.P.S. Act for grant of bail to the petitioner. He further submits that there is non-compliance of the mandatory provision of Sections 42 and 50 of the N.D.P.S. Act. He further submits that the police without the F.S.L. report has submitted the charge sheet on 19.07.2022 against the petitioner. The petitioner is in custody since 24.05.2022.

The learned Additional Public Prosecutor on the basis of material available on record and the case diary has vehemently opposed the prayer for bail of the petitioner and submits that the recovered contraband is Monoacetyl Morphine which was detected in the contents of paper pudiyas. Considering the aforesaid facts and circumstances and the fact that the recovered contraband is less than the commercial quantity, let the petitioner, above named, 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 the learned Additional District & Sessions Judge

Patna High Court CR. MISC. No.62785 of 2022(5) dt.25-05-2023 3/3 -18, Bhojpur at Ara in connection with Ara Town P.S. Case No. 452 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T