Ali Hussain @ Md. Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43043 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== Ali Hussain @ Md. Ali S/o Suleman Ansari R/o village- Manpura, Daudnagar, P.S.- Vaishali, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Paroo P.S. Case No. 77 of 2022 registered for the offences punishable under Sections 25 (1-b)a and 26 of Arms Act and under Sections 20 and 22 of the NDPS Act.

As per the prosecution, the informant along with other police personnel acting upon a secret information apprehended this petitioner from the alleged place and upon making search from his possession 1.160 Kg of narcotic material suspected to

Patna High Court CR. MISC. No.43043 of 2022(2) dt.23-11-2022 2/3 be Ganja and a country-made pistol with one live cartridge were recovered.

The main submissions advanced by learned counsel Mr.Mukesh Kumar, appearing for the petitioner are that the petitioner has been falsely implicated by the police and in actual he was arrested in connection with an other P.S. Case and police investigating officer did not find any material against the petitioner and thereafter the petitioner was remanded in the instant case and after his arrest in the present matter he was remanded in other criminal case.

Learned APP Mr. Zainul Abedin, appearing for the State has opposed the prayer for bail.

Heard both the sides and perused the FIR and the order impugned. As per the allegation one country-made loaded pistol and 1.160 Kg narcotic material suspected to be Ganja were recovered from the possession of this petitioner and the said recovery was made from his conscious possession as per the FIR and as per the statement made in paragraph No. 3 of his petition he remained involved in several other criminal cases in which some have been lodged for the offences under the Arms Act. Considering these facts, in the opinion of this Court the petitioner does not deserve to the privilege of bail. Accordingly,

Patna High Court CR. MISC. No.43043 of 2022(2) dt.23-11-2022 3/3 his prayer for bail stands rejected.

(Shailendra Singh, J.) maynaz/- U T