Patna High CourtCR. MISC./38663/2024bail rejected

Md. Adil v. The State Of Bihar

2024-05-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38663 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- ARARIA District- Araria ====================================================== Md. Adil Son of Md. Mokim @ Md. Mukimuddin R/O Vill. - Gaiyari, Ward no. 13, P.S.- Araria, Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Araria P.S. Case No. 163 of 2024, lodged on 09.03.2024 under Sections 22, 21(a) of the NDPS Act.

3. As per the prosecution case, the FIR has been lodged against 2 named accused persons including the present petitioner. Total 9 gm of smack has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the criminal antecedent of the petitioner is not clean and there is one criminal case pending against him in which he is on bail. The petitioner is in custody since

Patna High Court CR. MISC. No.38663 of 2024(2) dt.27-05-2024 2/2 10.03.2024 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean and this aspect must be taken into consideration while considering the bail application of the petitioner.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Araria P.S. Case No. 163 of 2024, pending before the learned Sessions Judge-cum-Special Judge, NDPS Act, Araria. is hereby rejected.

8. Liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge. (Dr. Anshuman, J.) Divyansh/- U T