Shah Jamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70150 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- THAKURGANJ District- Kishanganj ====================================================== Shah Jamal S/O Md. Atikul R/O Baghmara, P.S.-Thakurganj, P.O.- Thakurganj, Dist.-Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 17(a), 18(a), 21(a), 22(a), 23(a), 27(a) and 29 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 1.720 Gm Smack like substance from the possession of coaccused person.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of confessional statement of co-accused Bijay Mandal, which has got no evidentiary value in the eyes of law. He submitted that

Patna High Court CR. MISC. No.70150 of 2023(2) dt.03-11-2023 2/2 the petitioner has no concern with the seized Smack. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 08.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Thakurganj P.S. Case No. 37 of 2023.

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