Md. Salim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66358 of 2025 Arising Out of PS. Case No.-318 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Md. Salim S/o Late Md. Raful R/o Vill- Ujani, P.S.- Naugachi, DisttBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghwendra Pratap Singh, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with N.D.P.S. 119/2022 arising out of Gopalpur P.S. Case No. 318 of 2022 dated 27.06.2022 registered for the offences punishable u/ss 8, 20(b) (ii)(B) of the N.D.P.S. Act.

3. As per the prosecution case, total 5 Kg. Ganja was recovered from the house of the co-accused, Murari Sah.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the

Patna High Court CR. MISC. No.66358 of 2025(2) dt.27-11-2025 2/3 co-accused, Murari Sah. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted regular bail by a Bench of this court vide order dated 05.05.2023 passed in Cr. Misc. No. 4948 of 2023. It is further submitted that the seized contraband is less than the commercial quantity. The petitioner has four criminal antecedents in which he is on bail in two cases and he is acquitted in one case as stated in para 3 of the bail petition. The petitioner is in custody since 15.02.2023.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 concerned, Naugachia, Bhagalpur in connection with N.D.P.S. 119/2022 arising out of Gopalpur P.S. Case No. 318 of 2022 with the condition :- (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

Patna High Court CR. MISC. No.66358 of 2025(2) dt.27-11-2025 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T