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Patna High CourtCR. MISC./77412/2023allowed

Md. Sakib @ Sakib v. The State Of Bihar

2024-02-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77412 of 2023 Arising Out of PS. Case No.-718 Year-2023 Thana- ARARIA District- Araria ====================================================== Md. Sakib @ Sakib Son Of Mahfuz R/O Vill - Kharaiya, Basti, (Khariya Basti), Ward No. 11, P.S. - Araria, Distt. - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 21(c) and 22(c) of the N.D.P.S. Act.

3. As per FIR, on suspicion, three co-accused persons were apprehended on the spot and from their possession total 124.8 liters of Codeine Eskuf Syrup was recovered.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern either with the alleged recovered contraband or with the car in question. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other

Patna High Court CR. MISC. No.77412 of 2023(3) dt.27-02-2024 2/2 co-accused who apprehended on spot has already been granted bail by this Bench vide order dated 22.01.2024 passed in Cr. Misc. No. 76795 of 2023. He is languishing in judicial custody since 24.07.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions-cum-Special Judge, NDPS Act, Araria in connection with Araria P.S. Case No. 718 of 2023.

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