Patna High CourtCR. MISC./81118/2024bail rejected

Pithu @ Jahangir @ Jahangir Alam v. The State Of Bihar

2025-03-05Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81118 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- PATHAMARI District- Kishanganj ====================================================== 1.

Pithu @ Jahangir @ Jahangir Alam S/O Late Saifur Rahman Resident of Village- Dallegaon, P.S- Pathamari,Dist.- Kishanganj. 2.

Pithu Alias Jahangir Alias Jahangir Alam Late Saifur Rahman Resident of Village Dallegaon PS Pathamari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-03-2025 Heard Mr. Bhola Prasad, learned counsel for the petitioner and the State.

2. The petitioner is apprehending his arrest in connection with Pathamari P.S. Case No. 23 of 2024 for the offence punishable under sections 8(c), 21(b) and 29 of the N.D.P.S. Act lodged on 08.09.2024 by the informant, Prakash Chandra Rai.

3. As per the prosecution story, the informant alleged that on information, he reached the place and apprehended the accused persons. The allegation is that the petitioner as also Saddam escaped while from Mukaram there is recovery/seizure of Rs. 3,700/- and a mobile phone and further, there is

Patna High Court CR. MISC. No.81118 of 2024(2) dt.05-03-2025 2/2 recovery/seizure of Rs. 45,770/-, the electric weighing machine and a mobile phone from one Arshad Alam. Further, from a plastic bag, there is recovery of 99 grams morphine (afim), this led to the FIR.

4. It is the case of the petitioner that his name has come in the confessional statement and one of the co-accused (Irshad Alam) has been granted bail in Cr. Misc. No. 76831 of 2024.

5. Learned APP, on the other hand, opposes the prayer submitting that he was granted bail and not anticipatory bail.

6. Considering the aforesaid facts and the role that has come, it would be appropriate that the petitioner seek bail.

7. The anticipatory bail application stands rejected.

8. If the petitioner surrenders within a period of four weeks, the Court concerned shall take up the matter and dispose it of preferably on the same day.

(Rajiv Roy, J) Vijay Singh/- U T