Patna High CourtCR. MISC./66360/2023allowed

Akramul Haque @ Ekramul Haque v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66360 of 2023 Arising Out of PS. Case No.-247 Year-2023 Thana- KISHANGANJ District- Kishanganj ====================================================== AKRAMUL HAQUE @ EKRAMUL HAQUE Son of Sahid Hussian R/o vill - Bhainshabandha, Taiyabpur, Ward no. 05, P.S. - Balia Belon, Distt. - Katihar, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr., adv.

Mr.Diksha Kumari For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8, 20(b)(ii) (B), 22 of the N.D.P.S. Act.

3. According to the prosecution case, the petitioner along with co-accused are said to have been apprehended with two bags. From bag of this petitioner, total 6.2 kg Ganja like substance was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of ganja like narcotic

Patna High Court CR. MISC. No.66360 of 2023(3) dt.01-12-2023 2/2 substance and the same is alleged to be 6.2 kg which does no come under purview of commercial quantity as per N.D.P.S. Act. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. It is further submitted that the petitioner is languishing in judicial custody since 16.6.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Kishanganj P.S. Case No. 247 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 Chief Judicial Magistrate, Kishanganj.

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