Md. Noor v. the State of Bihar

Patna HC6 Feb 2024CR. MISC./4087/2024

Case brief

AI extract

What is this about?

NDPS bail granted; Sections 20(b)(ii)(c) and 22 N.D.P.S Act; recovery of 2.14 kgs Ganja from house; joint family house recovery; below commercial quantity contention; custody since 17.10.2023; accused in two other cases; bail bonds Rs. 10,000 with two like sureties; District Judge Bhagalpur; Industrial Area P.S. Case No. 202 of 2022; Cr. Misc. No. 4087 of 2024; Patna High Court; Justice Sunil Kumar Panwar; order dated 06-02-2024.

What did the court decide?

Petitioner released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned District Judge, Bhagalpur, in connection with Industrial Area P.S. Case No. 202 of 2022. ¶¶22

Md. Noor Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 17.10.2023 in Industrial Area P.S. Case No. 202 of 2022 for offences under Sections 20(b)(ii)(c) and 22 of the N.D.P.S Act (recovery of 2.14 kgs of Ganja from his house), should be released on bail.

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Court's answer

Considering the facts aforesaid (including counsel's submissions) and the period under custody, the Court ordered release of the petitioner on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned District Judge, Bhagalpur, in connection with Industrial Area P.S. Case No. 202 of 2022.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 4087 of 2024 — Md. Noor s/o Late Md. Sulemaan v. The State of Bihar — oral order dated 06-02-2024 delivered by Sunil Kumar Panwar, J. Bail application arising out of Industrial Area P.S. Case No. 202 of 2022 (District Bhagalpur), registered for offences punishable under Sections 20(b)(ii)(c) and 22 of the N.D.P.S Act, with alleged recovery of 2.14 kgs of Ganja from the petitioner's house. Counsel for the petitioner contended innocence and false implication, that the petitioner was not apprehended from the spot, that nothing was recovered from his conscious possession, that the recovery was from the joint family house, that the petitioner had no concern with the seized contraband, that the seized quantity was much below the commercial quantity, and disclosed custody since 17.10.2023 and involvement in two other cases; the learned A.P.P opposed bail. The Court, considering the facts aforesaid and the period under custody, directed release on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned District Judge, Bhagalpur.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4087 of 2024

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Arising Out of PS. Case No.-202 Year-2022 Thana- INDUSTRIAL District- Bhagalpur

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======================================================

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Md. Noor Son Of Late Md. Sulemaan Resident Of Village - Mukeri Tola, Fatehpur, P.S. - Industrial Area, District - Bhagalpur

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... ... Petitioner/s

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Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Jha For the Opposite Party/s : Mr.Ram Priya Sharan Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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2 06-02-2024

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Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner is languishing in custody in a case registered for the offences punishable under Sections 20(b)(ii)(c), 22 of the N.D.P.S Act.

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There is recovery of 2.14 kgs of Ganja from the

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house of the petitioner.

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It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

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been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered

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from the conscious possession of the petitioner. The

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recovery has been made from the joint family house of

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Patna High Court CR. MISC. No.4087 of 2024(2) dt.06-02-2024 2/2

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the petitioner. The petitioner has no concern with the seized contraband. Moreover, the seized contraband is

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much below the commercial quantity. The petitioner is languishing in custody since 17.10.2023. A statement has been made in para 3 of the petition that petitioner is accused in two other cases apart from the present one.

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In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

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Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned District Judge, Bhagalpur in connection with Industrial Area P.S. Case No. 202 of 2022.

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(Sunil Kumar Panwar, J)

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Shageer/-

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U T

Md. Noor v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Noor v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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