Asif Iqbal @ Asif Ekwal @ Asif Iqubal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38777 of 2021 Arising Out of PS. Case No.-181 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== ASIF IQBAL @ ASIF EKWAL @ ASIF IQUBAL S/O MD. NOOR R/O VILLAGE-SHEIKH TOLI, WARD NO.24, P.S.-SAMASTIPUR TOWN, DISTRICT-SAMASTIPUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rana Sanjay Kumar Singh For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of regular bail, arises out of Samastipur (M) P.S. Police Station Case No. 181 of 2021, disclosing offences under Sections 8, 20 of the N.D.P.S. Act. The allegation, as per the prosecution story is that a total quantity of 100.35 gram of Brown Sugar Smack has been recovered from the car of the petitioner.
It is submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner is said to have driver of aforesaid car. Learned counsel further submits that the recovered Brown Sugar is less than commercial quantity. Petitioner claims to be in
Patna High Court CR. MISC. No.38777 of 2021(2) dt.13-12-2021 2/2 custody since 19.04.2021.
Learned counsel for the State has vehemently opposed the prayer for bail.
Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 19.04.2021, I am not inclined to grant regular bail to the petitioner. However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial Court on the condition that he will cooperate in disposal of trial and appear before the trial Court, as and when required.
(Prabhat Kumar Singh, J) sanjeev/- U T