Md. Abtabh Khan @ Md. Aftabh Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71730 of 2022 Arising Out of PS. Case No.-584 Year-2022 Thana- NAGAR District- Vaishali ====================================================== Md. Abtabh Khan @ Md. Aftabh Khan S/O Ali Imam Qureshi @ Aliman Kureshi R/O Bagmalli, P.S.-Town, Distt- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 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 connection with Hajipur Town P.S. Case No. 584 of 2022 registered under sections 8(c)/21(b)/22 of the NDPS Act.

Prosecution case relates to recovery of 4.99 grams of smack like substance from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovery of smack like narcotics substance. The seized smack like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. A statement has been made in para-

Patna High Court CR. MISC. No.71730 of 2022(2) dt.17-03-2023 2/2 3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 28.02.2023 in Cr. Misc. No. 70644 of 2022. The petitioner is languishing in judicial custody since 02.08.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the 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 Sessions Judge, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) shubham/- U