Allowed

Buchan Miyan v. The State of Bihar

Patna HC26 Nov 2024CR. MISC./40970/2024

Case brief

AI extract

What is this about?

Petitioner arrested after seizure of 33 strips of an analgesic tablet under Dhamdaha P.S. Case No. 76 of 2024, Section 22 NDPS Act. Quantity below commercial level, no criminal antecedent, custody since March 2024. Court granted bail with conditions including fortnightly police attendance and family-member surety.

What did the court decide?

Bail granted on furnishing Rs.10,000 bail bond with two like sureties before Special Judge (NDPS), Purnea, subject to five stated conditions.

Buchan Miyan Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40970 of 2024

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Arising Out of PS. Case No.-76 Year-2024 Thana- DHAMDAHA District- Purnia

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

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Buchan Miyan Son of Rafique Miyan Res of village - Nirpur, Ward No.- 14, P.S.- Dhamdaha, District - Purnea

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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6 26-11-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is in custody in connection with Dhamdaha P.S. Case No. 76 of 2024 for the offence under Section 22 of the N.D.P.S. Act lodged on 22.03.2024 by the informant, Pradeep Kumar Thakur.

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As per the prosecution story, the police during patrolling, upon secret information, apprehended the petitioner and upon search, there is recovery/seizure of 33 strips of Pyeevon Spas Plus NRX and other tables which is used as an analgesic for pain. The petitioner who runs a grocery shop, failed to produce any document which resulted into his arrest which led to the F.I.R.

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Learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.40970 of 2024(6) dt.26-11-2024 2/3

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medicines were being kept for personal purposes as it gives relief from the pain which he/family members are having, has no criminal antecedent and is in custody since 22.03.2024 (para12 of the petition).

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Learned APP for the State, on the other hand, opposes the prayer for bail submitting that though it is below the commercial quantity of 250 gram, such large quantity of analgesic cannot be possessed for personal purposes..

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The F.S.L. report has come from the Regional Forensic Science Laborary, Bhagalpur and it has endorsed that the content is Pyeevon Spas Plus NRX which is used as an analgesic to reduce the moderate pain.

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however, taking into account the aforesaid submissions put forwarded by the parties as also that it is below the commercial quantity, he is in custody since 22.03.2024 and has no criminal antecedent, this Court is inclined to extend him the privilege of bail with conditions.

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Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge (N.D.P.S.) Act, Purnea in connection with Dhamdaha P.S. Case No. 76 of 2024 subject to the following conditions:

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Patna High Court CR. MISC. No.40970 of 2024(6) dt.26-11-2024 3/3

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(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and the failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;

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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of bail bond.

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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Amandeep/-

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U T

Buchan Miyan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Buchan Miyan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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