Patna High CourtCR. MISC./33455/2025rejected

Bhakol @ Ibrar v. The State Of Bihar

2025-07-04Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33455 of 2025 Arising Out of PS. Case No.-222 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Bhakol @ Ibrar S/o Akbar Miya Resident of Vill.- Stuwarganj, Ward No. 7, Mohaniya, P.S.- Mohania, Distt.- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-07-2025 Heard Mr. Vinod Kumar Seth, learned counsel for the petitioner and learned Mr. Pramod Kumar Pandey, A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 16.05.2024, in connection with Mohania P.S. Case No. 222 of 2024, FIR dated 13.04.2024 registered for the offence under Sections 8(c), 21(a) of NDPS Act.

3. Earlier the bail application of the petitioner was rejected vide order dated 25.09.2024 in Cr. Misc. No. 51857 of 2024.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the trial is not in progress and as per allegation in the FIR, on raid, police recovered, 18

Patna High Court CR. MISC. No.33455 of 2025(3) dt.04-07-2025 2/3 pieces of NRX BUPRENORPHINE each of 2 ml from the possession of the petitioner and 22 pieces of injection from a container. He further submits that the allegation as alleged in the F.I.R is false and fabricated and it appears from the F.I.R that nothing has been recovered from the conscious possession of the petitioner The petitioner is rotting in judicial custody since 16.05.2024.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation on the basis of confessional statement of the co-accused person, namely, Vijay Kumar that the petitioner sells such injection at the rate of Rs.50/- per injection and apart from that the petitioner has five criminal antecedents out of which two cases pertains to N.D.P.S matter but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the pending matters.

6. Vide order dated 16.05.2025 a report was called with regard to stage of the trial. Report of the learned Trial Court dated 23.05.2025 reveals that charge has been framed against the petitioner and prosecution witness no.1 has been examined and cross-examined on the same day.

6. Considering the facts and circumstances of the

Patna High Court CR. MISC. No.33455 of 2025(3) dt.04-07-2025 3/3 case, I am not inclined to enlarge the petitioner on bail in connection with Mohania P.S. Case No. 222 of 2024, pending in the Court of Session Judge-cum-Special Judge, Kaimur.

7. Prayer is refused.

8. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Suruchi/- U T