Md. Mir Mukhtar @ Mir Mukhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35225 of 2020 Arising Out of PS. Case No.-172 Year-2019 Thana- BAUNSI District- Banka ====================================================== MD. MIR MUKHTAR @ MIR MUKHTAR Son of Mir Sahibul R/O Village - Balwa Bairgachhi, P.S. - Hasanganj, District - Kathar. ... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Md. Ataur Rahman, Advocate.

For the State :

Mr. Satyadev Prasad Singh Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-02-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as pointed out by the Stamp Reporter, kept at flag 'A', within four weeks of starting of the Court proceeding in physical mode.

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

The petitioner seeks bail in connection with Special Case No.9 of 2019, arising out of Bounsi P.S. Case No.172 of 2019, registered under Sections 22, 8, 20(b)(iii)(c), 25 and 29 of the N.D.P.S. Act, pending in the court of the Additional Sessions Judge-I, Banka.

The accusation is of recovery of 705 kilograms Ganja from the truck bearing Registration No.BR-11L-3011, which

Patna High Court CR. MISC. No.35225 of 2020(3) dt.24-02-2021 2/2 was being driven by Md. Thithar, on which the petitioner was found sitting as 'Khalasi'. On query, they disclosed the name of Ranjeet Choudhary, Pintu Kumar and Md. Tourfique to whom the seized Ganja was to be supplied.

Learned counsel appearing on behalf of the petitioner submits that, earlier, the prayer of the petitioner to grant him bail was rejected by this Court vide order dated 06.03.2020 passed in Criminal Misc. No.73250 of 2019. The petitioner is in custody since 12.07.2019 but his trial has not been concluded as yet.

Having regard to the facts and the circumstances of the case and also considering the quantity of the recovered Ganja from the truck on which the petitioner was found sitting as 'Khalasi', I am not inclined to reconsider the prayer of the petitioner to grant him bail. Accordingly, the prayer of the petitioner for grant of bail is again rejected. (Rajendra Kumar Mishra, J) P.S./- U T