Md. Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 65419 of 2019 Arising Out of PS. Case No.-448 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== MD. IMRAN, aged about 28 years, male, S/o Sujaul Rahman, Resident of Gariwan Mohallah, P.S. and District- Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 22 and 27 of the N.D.P.S. Act. The prosecution case as per statement of informant Majharul Haque, A.S.I., Kishanganj P.S., allegation is that on 02.09.2019 at about 12.00 'o' cock he got secret information that under Ruidhasa overbridge two boys are selling smack. On this, he along with his police force went on the spot, seeing the police force two boys started fleeing away from there. But on chase, both the boys were caught hold. On query they disclosed their names as Md. Dularey & Md. Imran. Thereafter, on search of the pocket of Md. Dularey 9 plastic puriyas I,e. total weight of 910 mg. Smack & from the pocket of Md. Imran Rs. 2230/- was recovered, respectively. The recovered 910 mg. Of smack were seized and

Patna High Court CR. MISC. No. 65419 of 2019(2) dt.05-11-2019 2/2 seizure list was prepared accordingly and the accused persons were arrested.

Learned counsel for the petitioner submits that there is recovery of 910 mg. Smack from the co-accused Md. Dularey and rather there is recovery of money from the pocket of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.09.2019 and has got no criminal antecedent.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail 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 Special Judge (N.D.P.S. Act), Kishanganj, in connection with Special Case No. 26 of 2019, arising out of Kishanganj P.S. Case No. 448 of 2019. (Anjani Kumar Sharan, J) amitkumar/- U T