Kursed @ Md. Kursed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70412 of 2024 Arising Out of PS. Case No.-151 Year-2024 Thana- JOGBANI District- Araria ====================================================== Kursed @ Md. Kursed S/o Md. Nezam @ Md. Nizam R/o vill - Amouna, ward no. 20, P.S. - Jogbani, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kishore Bharti, Adv.

For the State :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2024 Heard learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Jogbani P.S. Case No.151 of 2024, registered for the offence punishable u/s 21, 22 of the NDPS Act.

3.

Altogether, 160 pieces of Codeine containing cough syrup of 16 litres and cash Rs.42,000/- is said to have been recovered from the medical shop of one Md. Mukarram, who was apprehended on the spot and disclosed that the said articles were sold and supplied to him by the petitioner.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. He was not present on the spot nor has any involvement

Patna High Court CR. MISC. No.70412 of 2024(2) dt.21-10-2024 2/2 in the alleged recovery. His name transpired in this case on the statement of the apprehended co-accused, with whom the petitioner has inimical terms since long. No incriminating article has been recovered from the conscious physical possession of the petitioner and he is a 50% handicapped person. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T