Md. Afsar @ Md. Afsar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72502 of 2021 Arising Out of PS. Case No.-144 Year-2021 Thana- KADWA District- Katihar ====================================================== Md. Afsar @ Md. Afsar Alam Son of Md. Mehruddin Resident of VillageGethaura, Ward No. 13, P.S.- Kadwa, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Musowir, Adv.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-10-2022 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Kadwa P.S. Case No. 144 of 2021 dated 20.06.2021 (G.R. No. 2365/2021) for offence under Sections 8, 20(B) (II), C of N.D.P.S. Act & 30(a) Bihar Prohibition & Excise Act. As per the prosecution case, the recovery of 10.372 kg Ganja as well as 375 ml of liquor wine recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is in custody since 21.06.2021 having two cases pending against him and he is on bail in both the cases. Upon

Patna High Court CR. MISC. No.72502 of 2021(5) dt.14-10-2022 2/2 specific query whether charge has framed or not, learned counsel submits that charge has not framed till date in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner and the bail application of the petitioner stands rejected. But liberty is hereby granted to the petitioner that he may renew his prayer for bail 1 year after framing of charge. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ashishsingh/- U T