Bhakol @ Ibrar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51857 of 2024 Arising Out of PS. Case No.-222 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Bhakol @ Ibrar Son Of Akbar Miya Village- Stuwarganj, Ward No. 7, Mohani, Ps- Mohania, Dist- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2024 Heard Mr. Vinod Kumar Seth, learned counsel for the petitioner and Mr. Umanath Mishra, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 16.05.2024, in connection with Mohania P.S. Case No. 222 of 2024, FIR dated 13.04.2024 registered for the offence under Sections 8(c), 21(a) of the N.D.P.S. Act.

3. On a raid, the Police found 18 pieces of NRX BUPRENORPHINE each of 2 ml from the possession of the accused persons and also found 22 pieces of injection from a container.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the name of the petitioner has been transpired on the basis of the confessional statement of the co-accused person, namely, Vijay Kumar. He

Patna High Court CR. MISC. No.51857 of 2024(3) dt.25-09-2024 2/2 further submits that it appears from the FIR as well as seizure list that nothing has been recovered from the conscious possession of the petitioner.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that it has come during the investigation on the basis of the confessional statement of the co-accused person, namely, Vijay Kumar that the petitioner sells such injection at the rate of Rs. 50/- per injection and apart from that the petitioner carries two more cases of N.D.P.S. matter other than the present one.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Mohania P.S. Case No. 222 of 2024 pending in the Court of learned Session Judge Cum Special Judge, Kaimur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T