Mustakim Ansari @ Mustakeem Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18344 of 2022 Arising Out of PS. Case No.-918 Year-2021 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== MUSTAKIM ANSARI @ MUSTAKEEM ANSARI SON OF AMIR MIYA R/O VILLAGE- BHITBHERWA, WARD NO.-15, P.S. AND DISTRICTGOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 8(c), 21(a)(b) of the N.D.P.S. Act. As per the prosecution case, 7.21 gms of smack was recovered and Rs. 650/- were recovered from the possession of the petitioner. It is submitted that recovery is less than the commercial quantity.

It is submitted on behalf of the learned counsel for the petitioner that he has got clean antecedent. Petitioner is in custody since 17.12.2021.

However, learned APP for the State has opposed the bail application of the petitioner and submitted that more than small quantity of the smack was recovered from the possession

Patna High Court CR. MISC. No.18344 of 2022(2) dt.26-05-2022 2/2 of this petitioner.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is accordingly, rejected. However, the learned court below, where the case is pending, is directed to release the petitioner on bail, after framing of the charge.

(Prabhat Kumar Singh, J) Ranjeet/- U T