Sheikh Ismail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22967 of 2025 Arising Out of PS. Case No.-47 Year-2024 Thana- BHANGHA District- West Champaran ====================================================== Sheikh Ismail S/o Sheikh Aslam Resident of Village- Bhangha Bazar, P.S.- Bangha Bazar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhagya Narayan Jha For the Opposite Party/s :

Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-04-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Bhangha Police Station Case No. 47 of 2024, disclosing offences under Sections 8/20(b)(ii)(c)/22(c)/23(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The prosecution case, as per the First Information Report, is that on 24.06.2024, the police, during patrolling, saw two persons, on a motorcycle, coming towards Siswa Tajpur Ramjanki Temple and upon seeing the police, they tried to flee away, however, one person was apprehended by the police, along with the motorcycle, bearing Registration No. BR22AC/7740 and the other person succeeded in fleeing away. The arrested co-accused

Patna High Court CR. MISC. No.22967 of 2025(3) dt.18-04-2025 2/3 person disclosed his name as Maksud Alam and further disclosed the name of the person who succeeded in fleeing away as the petitioner. On Search, two packets were found in which ganja was kept having total quantity of 21 kgs.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. He further submits that nothing has been recovered from the conscious possession of the petitioner and the petitioner is not the owner of the motorcycle. He further submits that his name transpired in this case on the basis of confessional statement of arrested co-accused person, with whom he has inimical terms. He next submits that the petitioner is in custody since 03.11.2024, having no criminal antecedent.

5. I have heard learned counsel for the parties and have perused the materials on record.

6. A commercial quantity of ganja has been recovered from the motorcycle upon which the petitioner and other accused person was traveling. The bail application of coaccused has been rejected by this Court, vide order, dated 30.01.2025, passed in Criminal Misc. No. 4556 of 2025.

Patna High Court CR. MISC. No.22967 of 2025(3) dt.18-04-2025 3/3 Accordingly, I am not inclined to grant regular bail to the petitioner at this stage.

7. This application is, accordingly, dismissed.

8. However, the petitioner may renew his prayer for bail after a period of nine months from today if the trial does not show any substantial progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √