Naushad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72235 of 2023 Arising Out of PS. Case No.-439 Year-2023 Thana- BUXAR District- Buxar ====================================================== NAUSHAD ALAM SON OF LATE ZAHOOR AHAMAD @ JAHUR AHMAD RESIDENT OF NAI BAZAR (WARD NO. 8), BUXAR, P.S.- BUXAR TOWN IN THE DISTRICT OF BUXAR ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
THE SUPERINTENDENT OF POLICE, NARCOTICS DRUGS AND PSYCHOTROPIC SUBSTANCE, BIHAR, PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2023 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 8/21 (c) of the N.D.P.S. Act.
3. As per prosecution case, there has been recovery of 86 Gm Heroine like substance from the possession of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized Heroine. He submitted that seized
Patna High Court CR. MISC. No.72235 of 2023(3) dt.08-12-2023 2/2 Heroine like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 14.08.2023.
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 after framing of charge, if not framed. 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 District and Sessions Judge-cum-Spl. Court, N.D.P.S. Act, Buxar in connection with Buxar P.S. Case No. 439 of 2023. (Sunil Kumar Panwar, J) Arish/- U T