Asraf Ali @ Md. Asraf Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84865 of 2024 Arising Out of PS. Case No.-351 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Asraf Ali @ Md. Asraf Ali S/o- Late Kherati Miya Vill- Sirsiya Nakardehi W.No-2, Ps- Nakardehi Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2024 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in connection with Raxaul P.S. Case No.351 of 2024, registered for the offence punishable under Sections 20(B)(ii)(b) 21(b) 23(b) 29 of the NDPS Act.

3.

Allegedly, 912 gm of charas and 216 gm of brown sugar is said to have been recovered from the spot. One person was apprehended by the police and he disclosed the name of the petitioner.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no recovery of contraband articles from the possession of the

Patna High Court CR. MISC. No.84865 of 2024(2) dt.12-12-2024 2/2 petitioner. He was not apprehended on the spot. His name transpired in the present case only on the basis of confessional statement of co-accused. Petitioner has no criminal antecedent. 5.

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

6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T