Md. Sahil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43835 of 2021 Arising Out of PS. Case No.-585 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== MD. SAHIL Son of Late Md. Aluddin Resident of Village- Daudnagar, P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur- Advocate Mr. Shivam- Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-02-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Bidupur P. S. Case No.585 of 2020, instituted for the offences under Sections 8, 20, 21, 22, 23 of the N.D.P.S. Act. The learned counsel for the petitioner submits that the petitioner is in custody since 28.12.2020, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 500 grams of charas from the possession of the petitioner.

The learned counsel for the petitioner submits that even presuming what is alleged, is true without admitting the

Patna High Court CR. MISC. No.43835 of 2021(4) dt.09-02-2022 2/3 same for the purposes of the bail, the alleged recovery is half of the commercial quantity.

The learned A.P.P. for the State opposes the bail application and submits that in compliance of order dated 12.01.2022, a counter-affidavit has been filed and from the perusal of the same, it would manifest that the F.S.L. Report has been received and the same testifies the seized substance to be charas.

The learned counsel for the petitioner submits that from perusal of the counter-affidavit, one more thing is clear that the charge-sheet came to be submitted in absence of F.S.L. and at Para-14 of the counter-affidavit, it has been recorded that the charge-sheet was submitted in absence of F.S.L. with a view that the petitioner does not get the benefit of default bail and again at the cost of repetition, the learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and it is his first offence.

At this stage, the learned counsel for the petitioner seeks permission to withdraw the bail application with a liberty to the petitioner to renew his prayer for bail after framing of charge.

Permission is accorded.

Patna High Court CR. MISC. No.43835 of 2021(4) dt.09-02-2022 3/3 Accordingly, instant petition is dismissed as withdrawn with the liberty aforesaid.

(Satyavrat Verma, J) vikash/- U T