Md. Sahir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53892 of 2024 Arising Out of PS. Case No.-36 Year-2023 Thana- BIRPUR District- Supaul ====================================================== Md. Sahir Son of Israil Village- Near Masjid Patharaha, Ward No. 13, P.SNarpatganj, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 29-11-2024

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

2. The petitioner is apprehending his arrest in connection with Birpur P.S. Case No. 36 of 2023 registered for the offences punishable under Sections 8/20 (b) (ii) (B) of NDPS Act.

3. As per prosecution case, there was alleged recovery of 1.50 Kg Ganja from the motorcycle in question bearing registration no. BR38X-1031. Co-accused, Amshed Miyan, being the driver of the said motorcycle was apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R and his name has

Patna High Court CR. MISC. No.53892 of 2024(3) dt.29-11-2024 2/3 been transpired in the present case as owner of the motorcycle in question. He further submits that nothing was recovered from the possession of the petitioner rather recovery was made from the motorcycle in question. Learned counsel submits that petitioner handed over the said motorcycle to the apprehended co-accused, Amshed Miyan, for his use. In this way, petitioner is not in any way connected with the alleged occurrence. He further submits that petitioner has falsely been implicated in the case. Learned counsel submits that petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that name of petitioner has been surfaced in the present case during the course of investigation and 1.50 kg ganja was recovered from his motorcycle and for said recovery, petitioner cannot escape from the liability. He further submits that FSL report clearly indicates that alleged recovered material is ganja.

6. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner as

Patna High Court CR. MISC. No.53892 of 2024(3) dt.29-11-2024 3/3 well as F.S.L report, I am not inclined to grant privilege of anticipatory bail to petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is, hereby, rejected. (Alok Kumar Pandey, J) vashudha/- U T