Patna High CourtCR. MISC./42468/2018disposed

Ajijullah @ Ajijullah Devan v. The State Of Bihar

2018-07-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42468 of 2018 Arising Out of PS.Case No. -249 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ajijullah @ Ajijullah Devan S/o Azeez Devan Resident of Village- Bela, P.S. Ramgarhwa, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2018 Earlier prayer for bail of the petitioner was rejected vide order dated 10.07.2017 passed in Cr. Misc. No. 25920 of 2017 in connection with Raxaul P.S. Case No. 249 of 2016, registered for offences punishable under Sections 20, 22, 23, 24 of the NDPS Act, with direction to the concerned court below obtain report from FSL regarding seized articles and petitioner was given liberty that if no sign of heroine is found, he may renew his prayer for bail.

Submission of learned counsel for the petitioner that the report from the F.S.L., Patna has been received and no sign of heroine has been found in the seized articles but in spite of that the prayer for bail has not been entertained in the court below and petitioner has been in judicial custody since 13.11.2016.

Patna High Court Cr.Misc. No.42468 of 2018 (2) dt.18-07-2018 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case, this application is disposed of with direction to the petitioner to make prayer for regular bail before the learned Trial Court, who will examine the matter specially the report obtained from the F.S.L, Patna or from any other authority and if no sign of heroine has been found in the seized article, he will consider the prayer for bail of the petitioner and shall pass an appropriate order.

(Vinod Kumar Sinha, J) sunil/- U T