Md. Sameer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76737 of 2019 Arising Out of PS. Case No.-78 Year-2018 Thana- KHUSRUPUR District- Patna ====================================================== MD. SAMEER, aged about 22 years, (Male), Son of Sultan @ Md. Sultan Alam, Resident of Village - Bihta, P.S.- Salimpur, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Kaushal Kishor, Advocate.

For the Opposite Party :

Mr.Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 399, 402, 414 of the IPC, 25(1-b)a, 26, 35 of the Arms Act and 20,22 of N.D.P.S.Act. The prosecution story, in brief, is that on 12.04.2018 at about 10.00 P.M. in the night, during the patrolling, the police apprehended five persons including the petitioner. Two to three persons managed to escape from the place of occurrence. 500 Grams Charas is said to have been recovered from possession of the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 14.04.2018. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.76737 of 2019(2) dt.27-11-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that 500 Gram Charas is said to have been recovered from possession of the petitioner. The same is below the commercial quantity. Hence, Section 37 of N.D.P.S. Act is not applicable in the present case. There is no recovery of arms from possession of the petitioner. There is no compliance of Sections 42 and 50 of N.D.P.S. Act in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.- XXII, Patna, in connection with Special Case No. 35 of 2018, arising out of Khusrupur P.S. Case No. 78 of 2018. (Sudhir Singh, J) U.K./- U T