Rabuddin Miyan @ Rabuddin Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2167 of 2025 Arising Out of PS. Case No.-224 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== Rabuddin Miyan @ Rabuddin Miya S/o Late Khali Miyan Resident of villBhojpurwa, P.S- Manjhagarh, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-01-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The present Cr. Misc. Application has been filed under Sections 483 & 484 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of regular bail to the petitioner in connection with Manjhagarh P.S. Case No. 224 of 2024 lodged on 05.08.2024, for the offences punishable under Sections 21(A), 22(A) & 8(C) of the N.D.P.S. Act.

3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioner. Total recovery of 20.80 grams of smack have been recovered which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.2167 of 2025(2) dt.22-01-2025 2/2 petitioner is innocent and has committed no offence. Counsel submits that the quantity of alleged recovered smack is less than the commercial quantity, but above the small quantity. Counsel further submits that criminal antecedent of the petitioner is not clean as there are three criminal cases pending against him and in all the cases, he is on bail. The petitioner is in custody since 06.08.2024 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean and this aspect must be taken into consideration while considering the bail application of the petitioner.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

7. Trial Court is directed to expedite the trial. (Dr. Anshuman, J) Divyansh/- U T