Md. Ujale v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89966 of 2024 Arising Out of PS. Case No.-223 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Md. Ujale S/o Late Md. Hakim Miyan R/o Sain Chhapra Devanand, Brijlal, Post- Sain, PS- Kanti, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indrajeet Bhushan For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kanti P.S. Case No. 223 of 2024 (NDPS Case No. 94 of 2024) dated 23.04.2024 registered for the offences punishable u/s 414 of the Indian Penal Code, u/ss 25 (1B)a, 26 of the Arms Act and u/s 20 (b)(ii) (A) of the NDPS Act.
3. As per the prosecution case, one country made pistol along with five live cartridges, motorcycle and 850 gram Ganja were recovered from the possession of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The said contraband is of small quantity. The
Patna High Court CR. MISC. No.89966 of 2024(2) dt.08-01-2025 2/2 petitioner has eight criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 24.04.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Kanti P.S. Case No. 223 of 2024 (NDPS Case No. 94 of 2024), with the following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T