Md. Hamidun Ansari @ Hamidul Ansari @ Hamidul @ Md. Hamidul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53478 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- GALGALIYA District- Kishanganj ====================================================== Md. Hamidun Ansari @ Hamidul Ansari @ Hamidul @ Md. Hamidul S/O Late Maboob @ Md. Mehabub R/O Village- Darbhangiya Tola, Ward No. 05, Ps. Galgaliya, Dist. Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Galgaliya P.S. Case No. 28 of 2023 registered for the offences punishable under Sections 8(c)/21(b) of the N.D.P.S. Act pending in the Court of learned C.J.M., Kishanganj.

3. As per the prosecution case, 22.750 grams of brown sugar has been recovered from the co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.53478 of 2023(4) dt.27-02-2024 2/2 the petitioner. He further submits that the alleged recovery has been made from a shade which was an open place. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Per contra, learned APP for the State opposes the prayer for anticipatory bail and submits that the allegations levelled against the petitioner is serious in nature, hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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