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Patna High CourtCR. MISC./75136/2023allowed

Md Sonu @ Shahnawaz @ Md Shahnawaz v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75136 of 2023 Arising Out of PS. Case No.-136 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== Md Sonu @ Shahnawaz @ Md Shahnawaz S/O Md. Ishak @ Md. Islam R/O Village- Sonapur, Ward No. 10, P.S- Narpatganj (BATHNAHA), Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kishore Bharti For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 21(C), 22 of the N.D.P.S Act.

As per prosecution case, it is a case of recovery of total 177.4 litres of cough syrup from the joint house of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered

Patna High Court CR. MISC. No.75136 of 2023(2) dt.30-11-2023 2/2 from the conscious possession of the petitioner. The recovery has been made from the joint house. The petitioner is languishing in custody since 22.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, N.D.P.S, Araria in connection with Special Case No. 22 of 2023, arising out of Narpatganj (Bathnaha) P.S. Case No. 136 of 2023.

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