Regular bail application in an NDPS and Arms Act case involving alleged recovery of 0.77 gm smack. Considering the small quantity alleged, custody since December 2023, and circumstances of arrest, the court enlarged the petitioner on bail with sureties.
Bail granted on furnishing bail bond of Rs.20,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21460 of 2024
Arising Out of PS. Case No.-515 Year-2023 Thana- BARAULI District- Gopalganj
======================================================
AATIF ALI Son of Rustam Miyan R/o Village-Sareya Narendra, P.S.Madhopur O.P. (Barauli), District-Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dharmveer Jha, Adv For the Opposite Party/s : Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
4 13-08-2024
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 Barauli (Madhopur O.P.) P.S. Case No. 515 of 2023 dated 08.12.2023 registered for the offences punishable u/s 25(1-b)a/26(1)/ 35 of the Arms Act and u/s 8, 21(a), 22(K) of the N.D.P.S. Act.
3 . As per the prosecution case, total 0.77 gm of smack was 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. The seized contraband is of small quantity. Nothing has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.21460 of 2024(4) dt.13-08-2024 2/2
petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.12.2023.
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 and the allegation levelled against the petitioner as well as the period of custody, the petitioner above-named, 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, Gopalganj in connection with Barauli (Madhopur O.P.) P.S. Case No. 515 of 2023.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
Jyoti/-
U T
1 issue framed by the court
Whether the petitioner charged with possession of 0.77 gm of smack under the NDPS and Arms Act provisions should be granted regular bail.
2 provisions across 2 enactments
Aatif Ali
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
