Md. Afzal @ Md. Ajzul Afzal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73555 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- BALTHAR District- West Champaran ====================================================== 1.
Md. Afzal @ Md. Ajzul Afzal Son of Bhutti Sheikh Resident of VillageMahammadwa, P.S.- Gopalpur, District- West Champaran. 2.
Asrar Alam Son of Alamgir Sheikh Resident of Village- Mahammadwa, P.S.- Gopalpur, District- West Champaran.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Union of India through the Inspector General, S.S.B., Frontier Head Quarter, Patna. Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in connection with Balthar P.S. Case No. 78 of 2019, registered for the offence punishable under Sections 20, 22, 23 and 25 of the Narcotic Drugs and Psychotropic Substances Act.
Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Further submission is that nothing has been recovered from the conscious possession of the petitioners. The petitioners have no criminal antecedent and
Patna High Court CR. MISC. No.73555 of 2019(2) dt.21-11-2019 2/2 they are in custody since 21.08.2019.
Learned A.P.P. appearing for the State submits that recovery of 1 kilogram 800 grams of Ganja has been made from the possession of the petitioners.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, I am not inclined to grant bail to the petitioners.
Accordingly, this application is rejected with liberty to the petitioners that they may renew their prayer for bail after framing of charge.
(Arvind Srivastava, J) S.Katyayan/- U T