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Patna High CourtCR. MISC./60873/2018dismissed

Sheikh Anjar v. The State Of Bihar

2018-11-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60873 of 2018 Arising Out of PS. Case No.-22 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Sheikh Anjar, Son of Late Sheikh Dost Mahamad, Resident of VillageNimui, Police Station + Post Office- Sugauli, District- East Champaran. ... ... Petitioner

Versus

1. The State of Bihar.

2. The Union of India through the Intelligence Officer, Narcotics Control Bureau, Patna, Zonal Unit, Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP For Union of India : Mr. Manoj Kumar Singh, C.G.C. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-11-2018 Petitioner prays for bail in connection with NDPS Case No. 20 of 2018, arising out of F.No.NCB/PZU/V/22/2018 registered for the offences punishable under Sections 8, 20 and 29 of N.D.P.S. Act.

Allegation against the petitioner is of recovery of 14 kg. Charas from his possession and he has also made confession before police.

Submission of learned counsel for the petitioner is that FIR disclosed that petitioner was carrying a black colour bag but seizure list shows that recovery of blue colour bag and further seizure list has not been prepared at the spot and seizure list witnesses are not local and petitioner is in custody since

Patna High Court Cr.Misc. No.60873 of 2018(3) dt.28-11-2018 2/2 16.4.2018, having no criminal antecedent.

Heard learned APP and learned Central Government Counsel, who has opposed the prayer for bail stating that there is recovery and confession also.

Having heard the parties and in the facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T