Md.Julfikar Ali @ Zulfikar Ali Azad @ Julfikar Ali @ Md.Jullo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74600 of 2023 Arising Out of PS. Case No.-136 Year-2023 Thana- NAYA RAM NAGAR District- Munger ====================================================== Md.Julfikar Ali @ Zulfikar Ali Azad @ Julfikar Ali @ Md.Jullo Son Of Late Wahid Ali Village -MAHAMADA , P.S-. Nayaram Nagar, Distric- Munger ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director Narcotics Control Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rishi Raj Raman For the Opposite Party/s :

Mr.Surendra Kumar For the NCB :

Mr. Anshuman Singh, Mr. Ranjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20 and 22 of the NDPS Act.

3. Prosecution case relates to recovery of total 2kg and 250 grams of ganja like intoxicating substance from the possession of this petitioner and one double barrel gun and its license were found.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The recovered ganja like

Patna High Court CR. MISC. No.74600 of 2023(3) dt.22-01-2024 2/2 substance does not come within the purview of commercial quantity as per NDPS Act. So far as the recovery of double barrel gun is concerned along with license of the same, it belongs to the late father of the petitioner and this fact has come in para-3 of the supplementary affidavit as well as in the seizure list. Nothing has been recovered from the conscious possession of the petitioner. Moreover, he is languishing in judicial custody since 10.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and learned counsel on behalf of the DRI.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nayaram Nagar P.S. Case No. 136 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Munger. (Sunil Kumar Panwar, J) Shubham/- U T