Md. Shamim Akhtar @ Md. Shamim @ Shamim Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68566 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- AMAUR District- Purnia ====================================================== MD. SHAMIM AKHTAR @ MD. SHAMIM @ SHAMIM AKHTAR S/o Late Abdur Rahman R/o village- Belka, P.S.- Amaur, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur Mr. Nilesh Kumar For the Opposite Party/s :
Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-02-2020 The petitioner seeks regular bail in connection with Amaur P.S. Case No. 70 of 2019, registered for offences punishable under Sections 8, 20(b)(c), 21(b), 25 of NDPS Act and Sections 18 (C), 27(b)(ii) of Drugs & Cosmetic Act, 1940. Allegation is of recovery of 22 kg of ganja kept beneath the cot of room of the petitioner and 960 bottles of ESKUF syrup each containing 100 M.L. It further appears that on disclosure made by the apprehended accused persons, there is also recovery of 10.500 kg and 9.400 kg of ganja from the vehicle parked in front of house of the petitioner. It has been submitted on behalf of the petitioner that he was not arrested on spot and the house from which the alleged recovery was made is a joint property. Further submission is that
Patna High Court CR. MISC. No.68566 of 2019(4) dt.04-02-2020 2/2 he has no criminal antecedent and he has been in judicial custody since 04.09.2019 and other accused persons of this case has already been enlarged on bail.
learned counsel for the State opposed the prayer for bail on the ground that there is recovery of more than commercial quantity of ganja from the house of the petitioner and the case of other accused, who has been enlarged on bail is different from that of the petitioner.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail.
This application is accordingly dismissed.
(Vinod Kumar Sinha, J) sunilkumar/- U T