Md. Afroj @ Chintu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.701 of 2024 Arising Out of PS. Case No.-213 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== Md. Afroj @ Chintu S/O- Md Abdul Samad @ Khokha Resident Of VillageLalpatti, Ward No.-02, P.S.-Singeshwar District- Madhepura ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 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 Section 21(c) of N.D.P.S. Act and Section 30(a) of Bihar Prohibition & Excise Act. It is a case of recovery of 900 ml of Indian Made Foreign Liquor and 1.5 litres of Wiscof Codeine cough syrup from a motorcycle bearing Reg. No. BR43H-0214. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has
Patna High Court CR. MISC. No.701 of 2024(2) dt.23-01-2024 2/3 falsely been implicated in the present case. Neither the petitioner was apprehended on spot nor anything incriminating has been recovered from his conscious possession. It is further submitted that petitioner is owner of the said motorcycle which was parked in front of his own grocery shop. There is no independent witness of the alleged seizure. It is also submitted that petitioner is languishing in judicial custody since long. 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 Singheshwar P.S. Case No. 213 of 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 Additional District and
Patna High Court CR. MISC. No.701 of 2024(2) dt.23-01-2024 3/3 Session Judge V-cum-Special Judge, Madhepura. (Sunil Kumar Panwar, J) Nirajkrs/- U T