Md. Shahid @ Brha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.910 of 2025 Arising Out of PS. Case No.-73 Year-2024 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Md. shahid @ Brha S/o Late Md. Salik R/o Mir Feku Lane, Barahpura, P.S.- Ishak Saharsa chak, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md.Najmul Hodda For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Ishakchak P.S. Case No. 73 of 2024 registered for the offence punishable under Sections-21(b) and 22 of the N.D.P.S. Act.
3. Allegedly, 100 gms of brown sugar was recovered from possession of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further been submitted that the co-accused Shahnawaz @ Sunny Khatal has been granted bail by order dated 02-08-2024 passed in Cr. Misc. No. 55424 of 2024. It has next been submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.910 of 2025(2) dt.04-03-2025 2/2 the quantity of recovered brown sugar is less than commercial quantity. Learned counsel has further submitted that the guidelines of search and seizure were not followed by the authorities concerned.
5. On the otherhand, learned counsel appearing for the State has opposed the prayer for bail by submitting that the case of this petitioner cannot be equated to that of co-accused Shahnawaz @ Sunny Khatal because nothing was recovered from possession of that co-accused but so far this petitioner is concerned, 100 gms of brown sugar has been recovered from his conscious possession.
6. In my view, the petitioner is not entitled for bail and accordingly, the same is rejected.
(Nawneet Kumar Pandey, J) A.K.V.//- U T