Shamim Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64729 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- KORANSARAI District- Buxar ====================================================== SHAMIM KHAN Son of Late Dastgir Khan R/o vill and Post - Mathila, P.S. - Koran Sarai, Distt. - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 21(a), 22(a) of the N.D.P.S. Act.

The prosecution story is that the informant got secret information about illegal trading of narcotic substance, thereafter, he reached at the place and apprehended the petitioner. On search, total 0.60 grams Heroin like narcotic substance was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to high handedness of the police officials. The petitioner has no concern with the alleged recovery of ganja and the same was lesser than

Patna High Court CR. MISC. No.64729 of 2023(2) dt.11-10-2023 2/2 commercial quantity as per N.D.P.S. Act. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that Section 50 of the NDPS Act has not followed, while preparing the seizure list. Moreover, the petitioner is languishing in judicial custody since 19.07.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Koransarai P.S. Case No. 72 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District Judge-cum-Special Court, NDPS Act, Buxar.

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