Patna High CourtCR. MISC./3679/2024allowed

Md Moim v. The State Of Bihar

2024-03-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3679 of 2024 Arising Out of PS. Case No.-896 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Md Moim son of Md. Vajir, resident of Village-Ziromile, Kabristan Tola, Ward No. 36, P.S.-Sadar, District-Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Jha For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8(c), 21(b) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 100.60 gm of smack (Brown Sugar) from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized Smack. He submitted that seized Smack like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. He further submitted that petitioner

Patna High Court CR. MISC. No.3679 of 2024(3) dt.21-03-2024 2/2 has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 27.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, N.D.P.S. Act, Purnia in connection with Purnea Sadar P.S. Case No. 896 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T