Md. Zabbar @ Nanhki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69494 of 2022 Arising Out of PS. Case No.-366 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== MD. ZABBAR @ NANHKI Son of Late Sahebjan Resident of Village - Kanti, Ward No.- 1, P.S. - Kanti, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c) /21(b) of the N.D.P.S. Act.

As per prosecution case, after getting secret information, the informant along with police officials apprehended two co-accused persons namely, Amir Raja and Indrajt from whose possession total 70 grams smack was recovered. It is further alleged that the petitioner was also involved in the alleged offence.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.69494 of 2022(2) dt.22-03-2023 2/2 concern with the alleged seized narcotic substance and the same was recovered from apprehended co-accused persons who disclosed the name of the petitioner in this case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 20.7.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with kanti P.S. Case No.366 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned IInd Additional Sessions Judge, Muzaffarpur. (Sunil Kumar Panwar, J) Amandeep/- U T