Md. Nehal Ali @ Nehal Ansari @ Bhola @ Md. Nehal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10132 of 2025 Arising Out of PS. Case No.-261 Year-2023 Thana- JOGBANI District- Araria ====================================================== Md. Nehal Ali @ Nehal Ansari @ Bhola @ Md. Nehal S/o Md. Chotu @ Chhotu Miya @ Chhote Miya Resident of village- Khajurbari, police stationJogbani, District-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-04-2025 Heard Learned Counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Jogbani P.S. Case No.261 of 2023 corresponding to Special Case No.261 of 2023 lodged under Sections 17/18/22 of the NDPS Act, 1985.

3. As per the prosecution, the recovery of 10 gram of brown sugar alleged to be made from a motorcycle, which is subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the said recovery has been made from a co-accused, namely Manish Kumar and not from the petitioner's possession. He further submits that the petitioner has been falsely implicated in the present case and his name has figured in this case on confessional statement of co-accused person.

Patna High Court CR. MISC. No.10132 of 2025(2) dt.11-04-2025 2/2

5. Learned Counsel also submits that the petitioner is in custody since 12.11.2024 and his antecedent is not clean. There are 4 criminal antecedents of the petitioner in which he is on bail in all cases.

6. Counsel further submits that there is gross violation of Section 41/42/43 of the NDPS Act. He further submits that the commercial quantity of brown sugar is 250 gram and the said recovery is less than commercial quantity.

7. Learned APP for the State opposes the prayer for bail and submits that in the main petition, there are 4 criminal antecedents of the petitioner which are relating to Arms Act, NDPS Act and Excise Act.

8. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.

9. However, liberty is hereby granted to the petitioner to renew his prayer for bail after framing of charge. (Dr. Anshuman, J.) Prakashmani/- U T