Patna High CourtCR. MISC./3398/2024bail granted

Md Kalim @ Sidiyo @ Cdo v. The State Of Bihar

2024-01-31Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3398 of 2024 Arising Out of PS. Case No.-386 Year-2023 Thana- SIMRI District- Buxar ====================================================== Md Kalim @ Sidiyo @ CDO S/O ALI HUSSAIN Resident of village- Balihar PS- Simri District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Simri P.S. Case No. 386 of 2023 registered for the offence under Sections 8(c)/21(b) of the N.D.P.S. Act.

3. As per the prosecution case, 1.93 grams of Charas and 8.11 grams of Heroine has been recovered from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case and nothing has been recovered from his conscious possession.

5. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 07.11.2023.

Patna High Court CR. MISC. No.3398 of 2024(2) dt.31-01-2024 2/2

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

7. Considering the aforesaid facts and the period of custody and also considering the fact that recovery is of small quantity, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Judge-cum-Special Court, NDPS Act, Buxar in connection with Simri P.S. Case No. 386 of 2023.

9. As a condition of this order, the petitioner, after being released on bail is directed to mark his attendance at Simri Police Station on first Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J) Vikas/- U T