Md. Junaid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71022 of 2022 Arising Out of PS. Case No.-133 Year-2022 Thana- MITHANPURA District- Muzaffarpur ====================================================== Md. Junaid Son Of Md. Jawed R/O Vill.- Basti Sarai, Galla Mandi, P.S.- Kotwali, Distt.- Basti (U.P.), Presently Reside At Mohalla Behind Tinkothiya Abeda School, Sabri Nagar, P.S.- Mithanpura, Distt.- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== 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 8/20(b)(ii)(B) of N.D.P.S. Act.

As per the allegation in F.I.R., 36 grams of Smack like narcotics substance, wrapped in 93 sachets, has been recovered from the possession of the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.71022 of 2022(2) dt.28-02-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 6.5.2022. The seized contraband Smack like substance is lesser than commercial quantity as per N.D.P.S. Act. It is further submitted that charge sheet has been submitted without obtaining the F.S.L Report of the seized article and the rules & regulations of seizure as well as procedure of N.D.P.S. Act has not been followed. 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 Mithanpura P.S. Case No. 133 of 2022 on

Patna High Court CR. MISC. No.71022 of 2022(2) dt.28-02-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cumSpecial Judge, Muzaffarpur. (Sunil Kumar Panwar, J) nirajkrs/- U T