Dukha Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65195 of 2021 Arising Out of PS. Case No.-136 Year-2021 Thana- BELA District- Sitamarhi ====================================================== Dukha Ansari Son of Late Bachhu Ansari Resident of Village - Mujauliya Rain Tola, P.S.- Bela, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the parties.

The petitioner seeks bail in Bela P.S. Case No. 136 of 2021, registered for the offence under Sections 8/20 (B)(ii) (C)/22(C)/23(C) of the N.D.P.S. Act.

As per prosecution case, 20 kg. of Ganja has been recovered from a Tempo and the apprehended person Rafique Ansari disclosed the name of petitioner, as one of his associate who fled away from the place of occurrence.

It is submitted on behalf of petitioner that no contraband has been recovered from the possession of the petitioner and he has been made accused only on the basis of confessional statement of co-accused. Petitioner has got no concern either with the seized Ganja or co-accused Rafique Ansari. Petitioner is in custody since 27.08.2021.

Patna High Court CR. MISC. No.65195 of 2021(2) dt.24-02-2022 2/2 However, learned A.P.P. for the State has opposed the bail petition and submitted that in this case, more than commercial quantity of Ganja has been recovered and petitioner has got one criminal antecedent also of similar nature. Considering the rival submissions of the parties and the materials available on record as well as quantity of recovered Ganja, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

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