Md. Khamasa Tasmir Ahmad @ Md. Khamasa Tamir @ Khusro v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69390 of 2023 Arising Out of PS. Case No.-16 Year-2022 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Patna ====================================================== Md. Khamasa Tasmir Ahmad @ Md. Khamasa Tamir @ Khusro Son Of Md. Mazharul Islam Ansari Resident Of Near Choti Masjid Gulli Bhatta Sahibganj Ps Sahibganj Jharkhand ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Union of India through Intelligence Officer, Narcotics Control Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shadab Akhter, Adv.

For the State :

Mr.Kalyan Shankar, APP For NCB Mr. Awadhesh Kumar Pandey, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner, learned counsel for the NCB and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 8(c), 21(c), 25 and 29 of the NDPS Act.

3. Allegation against the petitioner is that he had placed order of 20 cartons with the main accused namely Anuj Kumar Sah of codeine based cough syrup.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner has been made accused in this case on the basis of confessional statement of co-accused Anuj Kumar Sah. He submits that no any contraband article has

Patna High Court CR. MISC. No.69390 of 2023(5) dt.18-04-2024 2/2 been recovered from the house of the petitioner. He submits that the petitioner is neither involved in ordering the illicit consignment nor he is anywhere involved in transporting it. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the NCB oppose the prayer for bail submit that the allegation against the petitioner is very grave and serious in nature.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Special (NDPS) Case No. 188 (A) of 2022 arising out of NCB/PZU/V/16/2022.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that the petitioner has no criminal antecedent.

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