Abdul Barik @ Pappu @ Abdul Bari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25345 of 2024 Arising Out of PS. Case No.-1083 Year-2023 Thana- ARARIA District- Araria ====================================================== Abdul Barik @ Pappu @ Abdul Bari son of Kamal Village- Kashipur W.No-6, P.S- Jokihat Dist- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-05-2024 Heard Mr. Ramesh Kumar Singh, learned counsel for the petitioner and Mr. Madhura Nand Jha, learned APP for the State.
2. The petitioner is apprehending his arrest connection with Araria P.S. Case No. 1083 of 2023 corresponding to Special Case No. 110 of 2023, F.I.R. dated 09.11.2023 registered for the offences punishable under Sections 21(c), 22(c) of the Narcotics Drugs & Psychotropic Substance Act.
3. Recovery is of 1104 litres Eskuf Cough Syrup.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case on the basis of the disclosure made by co-accused person namely Md. Nauman. He further submits that except the
Patna High Court CR. MISC. No.25345 of 2024(2) dt.01-05-2024 2/2 aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence.
5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail and submits that on the basis of disclosure made by co-accused person the alleged 1104 litres of Eskuf Cough Syrup have been recovered from the mini truck and the said co-accused also disclosed the name of the petitioner and apart from that the petitioner is accused in Jokihat P.S. Case No. 546 of 2023 under Sections 21(c)/22(c) of the Narcotics Drugs & Psychotropic Substance Act.
6. Considering the aforesaid facts, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Araria P.S. Case No. 1083 of 2023 corresponding to Special Case No. 110 of 2023 pending in the Court of learned Sessions Judge cum Special Judge NDPS Act, Araria.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Ibrar//- U T