Patna High CourtCR. MISC./6563/2021bail rejected

Md. Yasin @ Chotu v. The State Of Bihar

2021-04-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6563 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== Md. Yasin @ Chotu Son of Md. Qutubuddin Resident of Village - Chandpur Fatah, P.S.- Patepur, District - Vaishali, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Asfar Alam For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-04-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Patepur P.S. Case No. 169 of 2020, registered for the offence punishable under Sections 399, 402, 411, 412, 414, 420/34 of the Indian Penal Code, section 25(1-b)a, 26 and 35 of the Arms Act and section 20(B) (ii)/(B), 25 and 29 of the NDPS Act.

As per the prosecution case, one loaded country made pistol with one live cartridge, a motorcycle and 01 KG and 50 gms Charas has been recovered from possession of this petitioner.

Patna High Court CR. MISC. No.6563 of 2021(2) dt.16-04-2021 2/2 It is submitted on behalf of the petitioner that there is no recovery from the conscious possession of this petitioner. Charas was recovered from a bag which does not belong to this petitioner. Petitioner is in custody since 10.08.2020. Learned APP however, vehemently opposed the prayer for bail and submitted that huge quantity of Charas has been recovered from possession of this petitioner. Considering the facts aforesaid and the recovery of huge quantity of Charas from possession of this petitioner, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T