Md. Salim @ Mohammed Salim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20127 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- JOGBANI District- Araria ====================================================== Md. Salim @ Mohammed Salim Son of Late Md. Najir @ Mohammed Najir Resident of Village - Old Jogbani, Ward No.- 01, Police Station - Jogbani, District - Arariya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jogbani P.S. Case No. 02 of 2025 instituted for the offences under Sections 20(b)(ii)(C) of the NDPS Act.

3. Prosecution allegation, in short, is that total 243 Kg. ganja has been recovered in this case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 04.01.2025 and has got no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioner. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.20127 of 2025(2) dt.15-04-2025 2/2 petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act.

6. Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T