Patna High CourtCR. MISC./46690/2015rejected

Md. Amiruddin v. The State Of Bihar

2016-04-13Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46690 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Md. Amiruddin, S/o Late Md Jinnat, Resident of Rajganj, P.S.- Pirpainty, Distt- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brajesh Kumar For the Opposite Party/s : Mr. Arun Kumar Singh-5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Pirpainty P.S. Case No. 20 of 2015 registered for the offences punishable under Sections 22 of the N.D.P.S. Act.

Allegedly, one Md. Khursheed Alam was caught as from his house 13 Kg. 500 gm. Ganja was recovered and on the basis of his confessional statement, the house of the petitioner was raided then 13 packets each having 8 Kg. 500 gm. Ganja and 5 packets each containing 5 Kg. of Ganja were recovered in presence of two independent witnesses.

Submission is of false implication due to dirty village politics, the petitioner was not present in the house when search

Patna High Court Cr.Misc. No.46690 of 2015 (6) dt.13-04-2016 2/2 was made, seizure list witnesses have sworn affidavits that nothing was recovered in their presence and without any legal and tangible material, petitioner is suffering in custody since 24.06.2015. Other co-accused namely, Md. Humayun @ Humayun @ Md. Mimayun and Md. Kutubuddin @ Mailo have been allowed bail by different co-ordinate Benches of this Court to which the learned A.P.P. opposes by submitting that huge quantity of Ganja was recovered from the house of the petitioner.

In the facts and circumstances stated above, considering the alleged recovery from the house of the petitioner, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Pirpainty P.S. Case No. 20 of 2015 pending in the court of learned Sessions Judge, Bhagalpur.

(Jitendra Mohan Sharma, J) sushma/- U T