Md. Inamul Haque @ Md. Inamul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17069 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Md. Inamul Haque @ Md. Inamul S/o Late Abul Hussain Resident of village - Koili, P.O. Balbhadrapur, P.S. Birpur, District - Supaul .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anita Kumari For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 14.2.2016 in a case registered for the offences punishable under Sections 20 and 22 of the NDPS Act.
The prosecution case is that two persons were traveling on a Pulsar motorcycle when the informant gave signal to stop then they started fleeing away after leaving the motorcycle. On chase, they were intercepted and from the motorcycle two packets of Double Tiger Brand Heroin weighing one pound each were recovered.
It is submitted by the learned counsel for the petitioner that the recovery has not been made from the possession of the petitioner. The motorcycle is not registered in the name of the
Patna High Court Cr.Misc. No.17069 of 2016 (5) dt.18-05-2016 2/2 petitioner and he was not aware about the contraband being kept in the motorcycle. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the commercial quantity being recovered, this court is not inclined to grant bail to the petitioner in connection with Forbesganj P.S. Case No. 72 of 2016 pending in the court of learned Sessions Judge, Araria.
This application is, accordingly, dismissed. However, let the trial be expedited. If the trial is not concluded within a year, the petitioner may renew his prayer for bail. (Dinesh Kumar Singh, J) Anil/- U T