Patna High CourtCR. MISC./11577/2018bail granted

Nazir Hussain v. State Of Bihar And ANR

2018-07-05Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11577 of 2018 Arising Out of PS. Case No.-226 Year-2016 Thana- Raxaul District- East Champaran ====================================================== Nazir Hussain, son of Late Mohammad Miyan, Resident of Village- Sirisiya Kalan, P.S.- Adapur, District- East Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Yogendra Nath Singh, S/o Havaldar Singh, R/o Village- Hajipur, P.S.- Bhosi, District- Mau (Uttar Pradesh) at present Coy Commander 13th BN, SSB, 'B Coy', Mahadeva.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar No.Iii For the Opposite Party/s :

Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 05-07-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with N.D.P.S Case No. 64 of 2016 arising out of Raxaul P.S.Case No. 226 of 2016 registered under Sections 20, 22, 23 and 24 of the Narcotic Drugs and Psychotropic Substance Act.

Allegation in brief is that petitioner was found in possession of 180 Grams Heroin.

Submission is that there is false implication of the petitioner as there is no recovery of any Heroin from his possession and FSL report also confirms that seized material sent for examination does not contain Heroin and the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.11577 of 2018(7) dt.05-07-2018 2/2 Having considered the aforesaid facts and circumstances, in particular, report of the Forensic Science Laboratory, the petitioner, namely , Nazir Hussain, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge, Motihari, East Champaran in connection with Raxaul P.S. Case No. 226 of 2016. (Arun Kumar, J) sujit/- U