IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.707 of 2011 MD. LUKMAN ALI Versus THE STATE OF BIHAR ----------- 2 14.02.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. Petitioner seeks bail in connection with Special P.S. Case No. 20 of 2010 (vide D.R.I. Case No. 03 of 2010) registered under sections- 21, 23 & 29 of the N.D.P.S. Act. Allegedly, the petitioner was caught while travelling on the roof of jeep and a bag containing heroine 4050/ gm worth Rs 4 crores 5 lacs had been kept near the petitioner. The contention of learned counsel for the petitioner is that the alleged recovery has not been made from conscious possession of the petitioner and as a matter of fact, the petitioner has been implicated in this case to save the real culprits. He further submits that the petitioner is a poor labourer and he has no capacity to purchase heroine worth Rs 4 crores and above. He also points out that even if prosecution story assumed to be true, then also it is the case of the prosecution that the aforesaid bag had been kept by one, Sheikh Haidar Ali but it is surprisingly enough that the aforesaid Sheikh Haidar Ali has not been made accused in this case. Considering the facts and circumstance of the case as well as submissions of the parties, I do not feel it proper to 2 release the petitioner on bail. Accordingly, prayer for bail stands rejected. AKV/- ( Hemant Kumar Srivastava,J.)