Patna High CourtCR. MISC./45548/2017dismissed

Reyajuddin @ Reyajuddin Mian v. The State Of Bihar

2017-09-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45548 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -BARHARIA District- SIWAN ======================================================

1. Reyajuddin @ Reyajuddin Mian, Son of Late Aziz, Resident of VillageChap (Paschim Tola), Police Station- Sarai, O.P. District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner The petitioner seeks regular bail in connection with Barhariya PS case no. 07 of 2017 registered for the offences punishable under Sections 20/22 of N.D.P.S. Act. The case of the prosecution is that on 09.01.2017, the police had received secret information and thereafter, the informant along with other police officials had conducted raid at the place of occurrence at about 6 am in the morning and apprehended the petitioner herein as well as other co-accused persons and from their possession, charas was seized. Apart from charas, firearms and stolen vehicle was also recovered from the possession of accused persons.

Patna High Court Cr.Misc. No.45548 of 2017 (2) dt.19-09-2017 2/2 The learned counsel for the petitioner submits that small quantity of charas has been recovered and the petitioner has been falsely implicated in the present case.

Having gone through the materials on record, I find that the petitioner is a habitual offender and as many as eight cases are pending as against the petitioner herein. On this ground alone, the present petition is fit to be dismissed. Nonetheless, considering the accusation leveled against the petitioner, I do not consider it just and appropriate to enlarge the petitioner on regular bail. Accordingly, the prayer for grant of regular bail on behalf of petitioner is dismissed.

(Mohit Kumar Shah, J.) rinkee/- U T