Manjur Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7965 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- INARWA District- West Champaran ====================================================== Manjur Mian, Son of Mojmeel Miyan @ Mojameel Mian, resident of Village - Inerwa, P.S.- Inerwa, District - West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through the Director General, Narcotic Control Bureau, New Delhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bashishtha Narayan Mishra- Advocate For the Opposite Party/s :

Mr. Choubey Jawahar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-04-2021 Heard Mr. Bashishtha Narayan Mishra, learned counsel appearing for the petitioner and Mr. Choubey Jawahar, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Inerwa P. S. Case No.49 of 2020 registered for the offence punishable under Section 414 of the Indian Penal Code, 1860 and Sections 8, 20(B), (ii) (B) of the N.D.P.S. Act. The allegation against the petitioner is that the motorcycle driven by the petitioner was intercepted and 03 kilograms of Ganja was recovered from the said motorcycle. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.7965 of 2021(2) dt.17-04-2021 2/2 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. Learned counsel next submits that petitioner has got no criminal antecedent and the quantity of Ganja allegedly recovered from the possession of the petitioner is less than the commercial quantity and the charge-sheet has already been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the Ganja recovered from the possession of the petitioner is more than small quantity, but less than commercial quantity, I am not inclined to grant regular bail to the petitioner at this stage.

Accordingly, his prayer for regular bail stands rejected.

However, petitioner may renew his prayer after one year, if the trial does not show in progress. (Anil Kumar Sinha, J) vikash/- U T