Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1943 of 2022 Arising Out of PS. Case No.-285 Year-2021 Thana- BAISI District- Purnia ====================================================== MD. AKBAR Son of Md. Qasim Resident of Village - Sipahi Tola, Purnea, P.S. - Madhubani O.P. (K.Hat), District - Purnea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Baisi P.S. Case No. 285 of 2021 registered for the offences punishable under Section 411 of the Indian Penal Code read with Sections 8(c) and 21(b) of the N.D.P.S. Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 30.09.2021, charge-sheet has been submitted in the case and has antecedent of three cases. Allegation is of recovery of 19.6 grans of smack from the petitioner.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, nothing was recovered from his conscious possession and the

Patna High Court CR. MISC. No.1943 of 2022(2) dt.24-05-2022 2/2 alleged recovery of smack is more than small quantity but much less than commercial quantity.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that the alleged recovery is more than small quantity and it was recovered from the conscious possession of the petitioner.

Considering the submissions made by the learned A.P.P. for the State, the Court, for the present, is not inclined to grant bail to the petitioner. His prayer for bail is thus rejected. (Satyavrat Verma, J) Rishi/- U T