Ali Hassan @ Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48247 of 2021 Arising Out of PS. Case No.-512 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== Ali Hassan @ Mukhiya Son Of Chingi Miyan Resident Of Village - Sirisia - Belwa, P.S. - Sathi, District - West Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Zainul Abedin, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2022 Heard learned counsel for the petitioner, the State and perused the case diary.

The petitioner prays for grant of regular bail in Jogapatti Police Station Case No. 512 of 2020 registered for the offence punishable under sections 20, 22, 23, 24, 25, 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985. As per the prosecution case, 1.934 kilograms of Charas has been recovered from the possession of the petitioner. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case due to dirty village politics. No incriminating material has been recovered from the conscious possession of the petitioner. Mandatory provision regarding search and seizure has not been followed. He is in custody since 26.12.2020. Learned counsel appearing for the State opposes the prayer for bail and submits that huge quantity of Charas has been recovered from the possession of the petitioner who has also got criminal antecedent.

Patna High Court CR. MISC. No.48247 of 2021(3) dt.20-01-2022 2/2 Considering the rival submissions of the parties, materials available on the record and the quantity of recovery of narcotic substance, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T