Md Shahnawaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76361 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- DAGARUA District- Purnia ====================================================== Md Shahnawaz S/O Late Md. Jahangir R/O Raipur Matia, Ps-Muffasil, District- Purnia ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. N.K. Aggarwal, Sr. Adv.

Dr. Bidhu Ranjan, Adv.

For the Opposite Party/s :

Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 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 a case registered for the offences punishable under Sections 8, 21(c) of N.D.P.S. Act and Sections 27(b)(ii)/28 of Drugs and Cosmetics Act.

As per the allegation in F.I.R, one country made pistol and 13 live cartridges have been recovered from the possession of the petitioner. It is further alleged that on search of the vehicle which is alleged to be driven by

Patna High Court CR. MISC. No.76361 of 2023(3) dt.27-02-2024 2/3 the petitioner, 129.9 litres of syrup containing codeine phosphate.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern with the alleged recovery. It is further submitted that the alleged recovered narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 11.08.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Dagarua P.S. Case No. 275 of

Patna High Court CR. MISC. No.76361 of 2023(3) dt.27-02-2024 3/3 2023 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, Purnia.

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