Patna High CourtCR. MISC./68002/2023bail granted

Md. Aslam @ Md.Salam v. The State Of Bihar

2023-10-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68002 of 2023 Arising Out of PS. Case No.-207 Year-2023 Thana- KASBA District- Purnia ====================================================== Md. Aslam @ Md.Salam S/O Md. Tanvir R/O Village- Miltola, P.S- Araria, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Special Case (NDPS Act), Case No. 65/2023, arising out of Kasba P.S. Case No. 207 of 2023, registered for the offence punishable under Sections 8 (C), 21 (C), 26 of the N.D.P.S. Act.

3. As per prosecution case, the recovery is of 1920 bottles total 192 litres of cough syrup having one of composition as 'Codein' recovered from the vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and have falsely been implicated in this case. Similarly situated co-accused Md. Shamsher Alam has been granted bail by a co-ordinate Bench vide order dated 06.10.2023 passed in Cr. Misc. No. 63177/2023. Petitioner is in

Patna High Court CR. MISC. No.68002 of 2023(2) dt.18-10-2023 2/2 judicial custody since 09.08.2023.

5. Learned APP has vehemently opposed the prayer for bail.

6. Considering the aforesaid fact, this application is allowed.

7. 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 Special Judge, N.D.P.S. Act in connection with Special Case (NDPS Act), Case No. 65/2023, arising out of Kasba P.S. Case No. 207 of 2023.

8. This is also to the condition that the petitioner shall mark his presence in Araria Police Station, District- Araria on first and third Sunday of every month, failing which, his bail bonds shall be cancelled by the court below.

(Sandeep Kumar, J) Ranjeet/- U T