Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37465 of 2020 Arising Out of PS. Case No.-412 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== MD. SADDAM aged about 22 years Son of Md. Abdul Khudus @ Abdul Khuddush Resident of Village - Jadhua Bag Tola, P.S.- Town Hajipur, Distt.- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner/s :

Rina Sinha, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Hajipur Sadar Police Station Case No. 412 of 2020 registered for the offences punishable under sections 8/20(b)(ii)A/25/29 of the NDPS Act. As per the prosecution case, 500 grams of Charas was recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Provisions of search and seizure has not been followed. Petitioner is in custody since 20.7.2020.

Learned counsel for the State opposes the prayer for

Patna High Court CR. MISC. No.37465 of 2020(3) dt.16-03-2021 2/2 bail and submits that more than commercial quantity of Charas has been recovered from the possession of the petitioner and he is having criminal antecedent as he is accused in three other criminal cases as stated in paragraph 3 of the bail petition. In view of the recovery of more than commercial quantity of Charas from the possession of the petitioner and he is having criminal antecedent, his prayer for bail is refused. Let the trial be concluded at the earliest.

(Prabhat Kumar Singh, J) shashi/- U T