Patna High CourtCR. MISC./9157/2021dismissed

Mukdar Mahto v. The State Of Bihar

2021-09-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9157 of 2021 Arising Out of PS. Case No.-195 Year-2020 Thana- NAGAR District- Vaishali ====================================================== MUKDAR MAHTO, Son of Bhonu Mahto, Resident of Mohalla-Nakash Chauk Mitha Kuan, P.S. Town Hajipur, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 20, 22, 23, 24, 27, 29 of the N.D.P.S. Act.

Allegation against the petitioner is that the police was recovered 200 gm. Charas from his pocket.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only on suspicion. He further submits that there is no any contraband articles has been recovered from the conscious possession of the petitioner. Till to date the police has failed to examine the seized Charas from expert to prove his allegation that 200 gm. Charas was recovered from the conscious

Patna High Court CR. MISC. No.9157 of 2021(3) dt.07-09-2021 2/2 possession of the petitioner. The petitioner is languishing in jail custody since24.02.2020. The petitioner has two criminal antecedents which is mentioned in para 3 of the bail petition. Learned APP for the State opposed the prayer for bail petition of the petitioner and submits the police has recovered 200 gm. Charas from the conscious possession of the petitioner. Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Hajipur Town P.S. Case No. 195/2020 from the Court of learned Additional Sessions Judge-1st cum Special Judge, Vaishali at Hajipur.

Accordingly, this application is dismissed.

However, the petitioner is at liberty to renew his prayer for bail after framing of the charge.

(Anjani Kumar Sharan, J) amitkumar/- U T