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HIGH COURT OF PATNA
Mr. Justice Sunil Kumar Panwar
MD IMTEYAZ – Appellant
Versus
THE STATE OF BIHAR – Respondent
CR. MISC./59218/2022
An accused is entitled to bail if they have no criminal antecedents, nothing has been recovered from their possession, and there is an allegation that their thumb impression was forcibly taken on the alleged seizure list.
Headnote:
BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 8(C)/21(B) - BENGAL GAMBLING ACT - SECTION ¾ - INDIAN PENAL CODE, 1860 - SECTION 420 - REGULAR BAIL - GRANT OF - ACCUSED LANGUISHING IN JUDICIAL CUSTODY SINCE 23.06.2022 - NO CRIMINAL ANTECEDENTS - NOTHING RECOVERED FROM POSSESSION OF ACCUSED - THUMB IMPRESSION OF ACCUSED FORCIBLY TAKEN ON ALLEGED SEIZURE LIST - ACCUSED FALSELY IMPLICATED IN CASE - HELD, ACCUSED ENTITLED TO BAIL
Fact of the Case:
The petitioner was arrested and charged under Sections 420 of the Indian Penal Code, ¾ of the Bengal Gambling Act, and 8(c)/21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution alleged that the petitioner was gambling and recovered 14 small packets of smack from his possession, each weighing 0.51 grams, totaling 13.77 grams. The petitioner denied the allegations and claimed that he was falsely implicated in the case, that nothing was recovered from his possession, and that his thumb impression was forcibly taken on the alleged seizure list.
Finding of the Court:
The court found that the petitioner had been languishing in judicial custody since 23.06.2022, had no criminal antecedents, and that nothing had been recovered from his possession. The court also noted that the petitioner's thumb impression had been forcibly taken on the alleged seizure list and that he had been falsely implicated in the case.
Issues: Whether the petitioner was entitled to bail.
Ratio Decidendi: The court held that the petitioner was entitled to bail considering the facts and circumstances of the case, including the petitioner's lack of criminal antecedents, the fact that nothing was recovered from his possession, and the allegation that his thumb impression was forcibly taken on the alleged seizure list.
Final Decision: The court granted the petitioner regular bail on a bond of Rs. 10,000/- with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59218 of 2022
Arising Out of PS. Case No.-714 Year-2022 Thana- PHULWARISHARIF District- Patna
======================================================
Md Imteyaz S/O Md. Samim R/O Nayatola, P.S- Phulwarisharif, District-
Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Shailendra Kumar Jha
For the Opposite Party/s :
Mr.Atul Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
2
11-01-2023
Heard learned counsel for the petitioner and
learned APP for the State.
The petitioner has filed the instant application
for grant of regular bail in a case registered for the
offences punishable under Section 420 of the Indian
Penal Code and Section ¾ of Bengal Gambling Act and
Section 8(c)/21(B) of N.D.P.S. Act.
The prosecution case in nutshell is that
informant got a secret information that some people
were gambling. He raided and recovered 14 puriya
(small packet) of smack from the possession of
petitioner and 13 puriya (small packet) of smack from
Patna High Court CR. MISC. No.59218 of 2022(2) dt.11-01-2023
2/3
the possession of co-accused, namely, Md. Aftab Alam,
each puriya weighing 0.51 grams. Total recovered smack
weighed 13.77 grams from the possession of petitioner
and co-accused person.
It is submitted by learned counsel for the
petitioner that the petitioner is innocent and he has
falsely been implicated in the present case. It is also
submitted that petitioner is languishing in judicial
custody since 23.06.2022. it is further submitted that
nothing has been recovered from the possession of the
petitioner and police has forcibly taken the thumb
impression of the petitioner on alleged seizure list and
made accused in the present case without legal and
connecting material. A statement has been made in para
3 of the petition that petitioner has no criminal
antecedent.
Learned APP appearing for the State has
vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties
Patna High Court CR. MISC. No.59218 of 2022(2) dt.11-01-2023
3/3
and taking into consideration the facts and
circumstances of the case, this Court is inclined to
enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail in connection
with Phulwarisharif P.S. Case No. 714 of 2022 on
furnishing bail bond of Rs. 10,000/- (Rupees ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned Special Judge N.D.P.S.-
cum-A.D.J. XVIII, Patna.
nirajkrs/-
(Sunil Kumar Panwar, J)
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