Md. Ushman Sheikh @ Usman Salim Shaikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35560 of 2021 Arising Out of PS. Case No.-325 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== MD. USHMAN SHEIKH @ USMAN SALIM SHAIKH Son of Md. Salim Sheikh Resident of Village - 238, Ambedkar Nagar Shiv Shakti, P.A. Marg, P.S.- Mallad (East), Distt.- Mumbai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Surendra Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Chakia P.S. Case No. 325 of 2020, registered for the offence punishable under Sections 20, 22 and 24 of the NDPS Act.

As per the prosecution case, 26.434 KG of Charas has been recovered from a trolley bag kept in the Car and this petitioner being driver and co-accused Vijay Banshi were apprehended on the spot.

It is submitted on behalf of the petitioner that petitioner is nowhere involved in smuggling and has got nothing

Patna High Court CR. MISC. No.35560 of 2021(2) dt.10-09-2021 2/2 to do with the alleged recoverey. Petitioner was simply driving the vehicle and has got no knowledge about the Charas. Trolley bag belongs to co-accused Vijay Banshi. No narcotics has been recovered from conscious possession of this petitioner and he is in custody since 21.09.2020 having no criminal antecedent. Learned APP however, vehemently opposed the prayer for bail and submitted that commercial quantity of Charas has been recovered from a car and this petitioner is driver of the said car he could not escape from his responsibility. Considering the facts aforesaid and quantity of recovery, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T