Patna High CourtCR. MISC./185/2024bail granted

Md. Irshad v. The State Of Bihar

2024-01-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.185 of 2024 Arising Out of PS. Case No.-696 Year-2023 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== 1.

MD. IRSHAD SON OF ABDUL SALAM R/O VILLAGE - 12 NO. BADI KARIMBUX ROAD WARD NO. 6 PS CHITPUR, DISTRICT - KOLKATA (W.B) 2.

MD. MUJTABA SON OF SUBHAN R/O VILLAGE - 12B LACK ROAD KOLKATA, PS CHITPUR, DISTRICT KOLKATA (W.B) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Bhabua Excise P.S. Case no.696 of 2023 registered under sections 8(C), 21(C) and 29 of the N.D.P.S. Act.

3. As per the prosecution case, on a search being conducted, it is stated that 100 cartons containing 100 bottles each of 100 ml. capacity of Phensedyl cough syrup which contained codeine was recovered from the possession of the petitioners.

4. Learned counsel for the petitioners submits that no incriminating article has been recovered from the petitioners

Patna High Court CR. MISC. No.185 of 2024(2) dt.24-01-2024 2/2 possession who have been falsely implicated in the case. They are in custody since 12.10.2023 and have no criminal antecedent. Chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioners being in custody since 12.10.2023, not having any criminal antecedent and chargesheet having been submitted in the case, the Court directs both the petitioners to be enlarged on bail in connection with Bhabua Excise P.S. Case no.696 of 2023 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Kaimur at Bhabua.

(Partha Sarthy, J) Saurabh/- U T