Patna High CourtCR. MISC./5298/2016dismissed

Sk. Mumtaz v. The State Of Bihar

2016-02-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5298 of 2016 Arising Out of PS.Case No. -196 Year- 2015 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sk. Mumtaz Son of Sk. Yunus .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Mishra, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2016 Heard learned counsels for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 15.08.2015 in a case registered for the offences punishable under sections 19/20/22/23/24 of The Narcotic Drugs and Psychotropic Substances Act in connection with Raxaul P.S. Case No.196/2015, pending before the learned CJM, Sadar, Motihari, East Champaran.

Prosecution case is that the informant Ruby Devi found one person covering his face on suspicious condition near her house, who was attempted to keep one bag in the house of the informant. The said person was apprehend when he accepted that he was given the bag of 'charas' by Jai Prakash Yadav for keeping the same in the house of the informant. The apprehended

Patna High Court Cr.Misc. No.5298 of 2016 (3) dt.23-02-2016 2/2 person disclosed his name as Sk. Mumtaz, the petitioner. It is submitted by learned counsel for the petitioner that the seizure list reflects that the seizure has been made from the house of Bagar Yadav, hence, the same cannot be treated from the possession of the petitioner. The informant herself has criminal antecedent and the investigation has already concluded. It is submitted by learned APP for the State that the bag containing 'charas' was brought by this petitioner knowing that the bag contained 5 k.gs of 'charas' and now on conclusion of investigation, he has been charge-sheeted. Considering the commercial quantity of recovery, this court is not inclined to grant bail to the petitioner at present. Accordingly, the application for bail on behalf of the petitioner is rejected.

Let the learned court below expedite the trial. (Dinesh Kumar Singh, J) Ashwini/- U T