Patna High CourtCR. MISC./77392/2019bail granted

Md. Arsad @ Shadab @ Arsad Di@Arshad v. The State Of Bihar

2019-11-28Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77392 of 2019 Arising Out of PS. Case No.-635 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== MD. ARSAD @ SHADAB @ ARSAD DI @Arshad S/O Md. Akil R/O Village- Nosha (Nohsa), P.S.- Phulwarisharif, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Special Case No.68 of 2019, arising out of Phulwarisharif P.S. Case No.635 of 2019, registered under Sections 399 and 402 of the Indian Penal Code besides Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 20 and 22 of the N.D.P.S. Act. The accusation is of recovery of 5/6 grams smack from the possession of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the alleged recovery comes under the purview of small quantity. The petitioner is in custody since 30.06.2019 and, after investigation, the charge-sheet has already been

Patna High Court CR. MISC. No.77392 of 2019(2) dt.28-11-2019 2/2 submitted against the petitioner and others.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to 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 Sessions Judge/Special Judge, Patna, in connection with Special Case No.68 of 2019, arising out of Phulwarisharif P.S. Case No.635 of 2019. Out of the two sureties, one must be either parents or the close relative of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T