Pinta Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41538 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Pinta Sah S/O Karu Sah R/O Village- Aliganj Gangti, P.S- Babarganj, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 21(b), 22(b), 25 of the N.D.P.S. Act.

3. As per FIR, 4.01 gram of brown sugar was seized from the possession of co-accused Govind Sah and 6.35 gram of brown sugar was seized from the possession of co-accused Deepak Kr. Sah. It is further alleged that the two above named co-accused persons from whom brown sugar was recovered, disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the informant is not an authorized officer under NDPS Act for search and seizure and he has not followed

Patna High Court CR. MISC. No.41538 of 2023(2) dt.10-08-2023 2/2 any mandatory provision of Section 41 or 42 of the NDPS Act. He further submits that petitioner has criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Mojahidpur (Babarganj) P.S. Case No. 43 of 2023 (Anjani Kumar Sharan, J) devendra/- U T