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Patna High CourtCR. MISC./2928/2020dismissed

Md. Toufic @ Md. Toufique @ Md. Taufik v. The State Of Bihar

2020-01-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2928 of 2020 Arising Out of PS. Case No.-172 Year-2019 Thana- BAUNSI District- Banka ====================================================== Md. Toufic @ Md. Toufique @ Md. Taufik Son of Md. Rustom Resident of Dokwa, P.O. and P.S.- Dhamdaha, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Y.V.Giri, Sr. Adv.

Ms. Shrishti Singh, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2020 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Bounsi P.S.Case no.172 of 2019 dated 11.7.2019 registered for offences punishable under Sections 22, 8, 20(b)(ii)(c), 25 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 .

There is recovery of 705 kg. of Ganja from a Truck and Driver of the Truck disclosed the name of one co-accused, as the owner of the Ganja and he also disclosed that the petitioner is also partner of the said accused.

Submission of the learned counsel for the petitioner is that except the confessional statement of the co-accused there is nothing against him. In the confessional statement, he has been

Patna High Court CR. MISC. No.2928 of 2020(2) dt.24-01-2020 2/2 shown to be partner of the main accused. It has also been submitted that the main accused Ranjit Chaudhary has been granted bail by a Co-ordinate Bench of this Court, vide order dated 22.10.2019 passed in Cr. Misc. No.62328 of 2019. Heard learned A.P.P. also.

Having heard both sides and in view of allegations as made above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on the basis of the above submissions as well as materials collected during the investigation.

With the aforesaid direction, this application is dismissed.

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