Imtiyaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80433 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- PUWAKHALI District- Kishanganj ====================================================== Imtiyaz alam Son of Tosif alam @ Tausif Alam Resident of VillageBhatgaon, P.S.- Powakhali Distt.- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Ziaul Quamar, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Powakhali P.S. Case No. 54 of 2024 instituted for the offences under Sections 89(c), 21(b), 29 of the N.D.P.S. Act.

3. As per prosecution case, the police has recovered 48.62 grams of contraband substance kept in a plastic bag recovered from the possession of the petitioner. It is alleged that the contraband substance (Morphin) was confirmed in test by D.D. Kit.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case

Patna High Court CR. MISC. No.80433 of 2024(2) dt.19-11-2024 2/3 due to suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner rather the same has been found from the possession of co-accused Naushad Alam and the alleged motorcycle also does not belong to the petitioner. The petitioner has no concern with the seized contraband. The recovered contraband is much less than the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act. There is also noncompliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 18.09.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that 48.62 grams of contraband substance has been recovered from the possession of the accused persons including the petitioner. The offence alleged is serious in nature and, hence, he does not deserve bail.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner

Patna High Court CR. MISC. No.80433 of 2024(2) dt.19-11-2024 3/3 and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Powakhali P.S. Case No. 54 of 2024. (Rudra Prakash Mishra, J) rishi/- U T