IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46350 of 2021

Arising Out of PS. Case No.-212 Year-2021 Thana- PURNEA SADAR District- Purnia

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MD. NASIM @ MD. NASHIM @ CHHOTU Son of Afatab @ Aftab Alam

Resident of village - Kabristan Tola, Gulab Bagh Zeromile, P.S. - Sadar,

District - Purnea.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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with

CRIMINAL MISCELLANEOUS No. 46784 of 2021

Arising Out of PS. Case No.-212 Year-2021 Thana- PURNEA SADAR District- Purnia

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MD. TABREZ Son of Md. Ibrahim R/o- Dasba Road, Gulabbagh, P.S.,Sadar,

District- Purnia.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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Appearance :

(In CRIMINAL MISCELLANEOUS No. 46350 of 2021)

For the Petitioner/s

:

Mr. Mahendra Pratap, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP

(In CRIMINAL MISCELLANEOUS No. 46784 of 2021)

For the Petitioner/s

:

Mr. Kumar Praveen, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

4

26-04-2022

Heard the parties.

Both the applications for bail have been heard

together and are being disposed of by a common order as they

arise out of same PS Case Number i.e., Purnea Sadar PS Case

No. 212 of 2021.

Petitioners seek regular bail in connection with

Patna High Court CR. MISC. No.46350 of 2021(4) dt.26-04-2022

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Special Case No. 28/2021 arising out of Purnea Sadar PS Case

No. 212/2021 registered for the offence under Section 8 (c) /21

(b) of the Narcotic Drugs and Psychotropic Substance Act.

Prayer for bail of similarly situated co-accused

person, namely, Bishu Kumar Sharma @ Vishu Kumar Sharma

from whose possession 11 grams of brown sugar was recovered,

has been rejected on merit by this Court vide order dated

03.02.2022 in Cr. Misc. No. 43132/2021.

From the possession of the present petitioners,

namely, Md. Nasim @ Md. Nashim @ Chhotu, 10.70 grams of

brown sugar has allegedly been recovered while from the

possession of Md. Tabrez, 11 grams of brown sugar has been

recovered.

Learned counsel for the petitioners submit that at the

time of search and seizure the procedures prescribed under

Section 50 of the NDPS Act have not been followed and the

petitioners have got no criminal antecedents. Learned counsel

further submits that commercial quantity of Heroin is 250 grams

and small quantity is 5 grams. The petitioners are in custody

since 25.04.2021.

Regards being had to the submissions made by the

parties and taking into consideration the materials available on

Patna High Court CR. MISC. No.46350 of 2021(4) dt.26-04-2022

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record the fact that psychotropic drugs/heroin/brown sugar has

been recovered from the possession of the petitioners and other

accused person in search made by the police, quantity of brown

sugar recovered is more than small quantity and less than

commercial quantity, and bail application of similarly situated

accused person has been rejected by this Court, as such, I am

not inclined to grant regular bail to the petitioners.

Accordingly, the prayer for grant of regular bail is

rejected.

However, the petitioners, if so advised, may renew

their prayer for bail after three months from today, if the trial

does not show any progress.

perwez

(Anil Kumar Sinha, J)

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