Patna High CourtCR. MISC./5952/2021dismissed

Shabdul Haque v. The State Of Bihar

2021-08-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5952 of 2021 Arising Out of PS. Case No.-467 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Shabdul Haque Son of Md. Shahzid Resident of Village- Shekhpura Gangati, P.S.- Garaoul (Kathara O.P.), District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with Mahua P.S. Case No.467 of 2020, registered for the offence punishable under Sections 20, 22, 23 and 27 of the NDPS Act. Allegation against the petitioner is that he was apprehended by the police and on search some soft material like charas was recovered from a towel of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. Learned counsel further submits that arrest memo and seizure list is not in accordance with law. Petitioner has one criminal antecedent and has been languishing in custody since

Patna High Court CR. MISC. No.5952 of 2021(4) dt.18-08-2021 2/2 18.08.2020.

Learned APP for the State opposed the prayer for bail by submitting that 1050 grams of charas was recovered from the possession of the petitioner and such quantity is more than the commercial quantity.

Considering the facts and circumstances of this case, I am not inclined to grant bail to the petitioner. The bail application of the petitioner is hereby dismissed. The learned trial court is directed to expedite the trial of the petitioner.

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