Md. Rahbar Imroz @ Banti @ Rahbar Imroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29176 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- GAMAHARIYA District- Madhepura ====================================================== Md. Rahbar Imroz @ Banti @ Rahbar Imroz Son Of Md. Sarajuddin Resident Of Village- Khanmirja, Mahendru, Ps- Sultanganj, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Section 21(c) of the NDPS Act.

3. As per the prosecution case, total 300 liters of viscous cough syrup has been recovered from inside Innova car bearing registration no.BR-01PE-5447 of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of mere suspicion. He next submits that he has committed no offence in this case and only he was sitting in the car with the driver-cumowner of the car, namely, Ravi Kumar as stated in para-8 of the petition. Petitioner is in custody since 21.02.2024.

5. Learned APP opposes the prayer for bail of the

Patna High Court CR. MISC. No.29176 of 2024(4) dt.10-01-2025 2/2 petitioner and he submits that the said recovery belongs to the vehicle of the petitioner.

6. From perusal of the FIR, seizure list and impugned order of the learned Ist Additional District & Sessions Judgecum-Special Judge, SC & ST(Prevention of Atrocities), Madhepura dated 15.03.2024, it appears that petitioner is named in the FIR and the said recovery was made from the Innova car of the petitioner and on perusal of the case diary, it appears that the statement recorded under Section 161 of the Cr.P.C., the witnesses have supported the version of the first information report. It also appears that one criminal antecedent of the present petitioner as submitted by the learned counsel for the petitioner and in the said case, he has already been acquitted and the recovery of viscous cough syrup is more than commercial quantity, so I am not inclined to grant regular bail to the petitioner.

7. Accordingly, prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T