Md Masoom Raja @ Md Masum Raja v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6313 of 2024 Arising Out of PS. Case No.-975/23 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Md Masoom Raja @ Md Masum son of Raja Masiuddin@ Md. Masiuddin Resident of Village - Moglaha, P.S.- K.Nagar(Champanagar), District - Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate.

Mr. Bidhu Ranjan, Advocate.

Ms. Diksha Kumari, Advocate.

For the Opposite Party/s :

Mr. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with K.Hat (Maranga) P.S. Case No. 975 of 2023 instituted for the offence under Sections 8(c)/21(b) of the N.D.P.S. Act. 3.

As per the prosecution case, total 15 gms of smack was recovered from the possession of the co-accused Abhishek Anand and the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.08.2023. Petitioner bears one criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.6313 of 2024(2) dt.15-02-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is further submitted that from bare perusal of the F.I.R., it is evident that the petitioner was not present at the spot and his name has been disclosed by apprehended co-accused Abhishek Anand. It is further submitted that the recovered quantity of 15 gms of smack is more than small quantity but less than commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in this Case. There is no compliance of the Section 42 and 50 of the N.D.P.S. Act.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case as well as period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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

Patna High Court CR. MISC. No.6313 of 2024(2) dt.15-02-2024 3/3 connection with K.Hat (Maranga) P.S. Case No. 975 of 2023.

(Rudra Prakash Mishra, J) Nilmani/- U T