Patna High CourtCR. MISC./70644/2022allowed

Md. Nazim Khan v. The State Of Bihar

2023-02-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70644 of 2022 Arising Out of PS. Case No.-584 Year-2022 Thana- NAGAR District- Vaishali ====================================================== Md. Nazim Khan Son Of Md. Neyaz Khan Resident Of Village- Baghmali, P.S.- Hajipur Town, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8(c), 21(b), 22 of N.D.P.S. Act. It is a case of recovery of 3.940 grams of smack like substance from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner has no concern either with the alleged recovery or with the motorcycle in question. The seized smack like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. Moreover,

Patna High Court CR. MISC. No.70644 of 2022(2) dt.28-02-2023 2/2 the petitioner is languishing in judicial custody since 02.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Hajipur Town P.S. Case No. 584 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st , Vaishali, Hajipur.

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