Rafique Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.149 of 2022 Arising Out of PS. Case No.-136 Year-2021 Thana- BELA District- Sitamarhi ====================================================== RAFIQUE ANSARI Son of Sadik Ansari @ Sarique Ansari Resident of Village- Lalbandi East, P.S - Bela, District - Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Jha,Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 8 /20 (B) (ii) (C) /21 (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 this petitioner was one of the occupant.

It is submitted on behalf of petitioner that nothing has been recovered from the possession of the petitioner. Petitioner is neither owner nor driver of the said Tempo. Petitioner was simply a co-passenger and was not aware about the nature of consignment, which was being transported in the said Tempo. Petitioner is in custody since 28.07.2021.

However, learned A.P.P. for the State has opposed the bail petition and submitted that in this case, commercial

Patna High Court CR. MISC. No.149 of 2022(3) dt.07-04-2022 2/2 quantity of Ganja has been recovered and petitioner has got one criminal antecedent of similar nature.

Considering the quantity of recovered Ganja and criminal antecedent of the petitioner, the bail petition of petitioner is rejected.

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