Tasim Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62794 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- JIYAPOKHAR District- Kishanganj ====================================================== Tasim Shekh Son of Nooruddin R/o Village - Gilhabari, P.S.- Jiyapokhar, District - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jiyapokhar P.S. Case No. 15 of 2025 dated 09.06.2025 registered for the offences punishable under Section 8(c), 21(b) of the NDPS Act.

3. As per the prosecution case, on 09.06.2025, the informant police officer got secret information that one person was going with MDMA (Methylenedioxymethamphetamine) near Kanhaiya Chowk. On receiving the information, he along with his team and SSB force reached there and saw one person coming on scooty. On being inquired he disclosed his name and identity and 6.46 grams MDMA like substance was recovered

Patna High Court CR. MISC. No.62794 of 2025(2) dt.17-09-2025 2/3 from his pocket.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged occurrence. It is further submitted that there is no independent witness of the seizure list which violate the provisions of Section 50 of the NDPS Act. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.06.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, and further considering that the recovered contraband substance is less than the commercial quantity and there is no any independent witness of the seizure list, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Sessions Judge cum Special Judge (NDPS Act), Kishanganj in connection with Jiyapokhar P.S. Case No. 15 of 2025, with further condition:-

Patna High Court CR. MISC. No.62794 of 2025(2) dt.17-09-2025 3/3 (I) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Siddharth Soni/- U T