Shahzad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15320 of 2023 Arising Out of PS. Case No.-707 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Shahzad S/O Sabir R/O Mohalla- Udala, P.S.- Aligarh, District- Aligarh (U.P.) 2.

Gulshan S/O Ghaffar Khan R/V- Nagla Bhura, P.S.- Hanuman Chowki, District- Hathras (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 20(b)(ii) (c), 21(c), 22 of the NDPS Act.

As per prosecution case, the petitioners and coaccused persons were apprehended on the spot along with a container bearing Reg. No. BL01AD-0425 and from the alleged container 430 kg ganja like substance was recovered. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners have

Patna High Court CR. MISC. No.15320 of 2023(4) dt.21-07-2023 2/2 no concern with the alleged recovery and they have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 28.10.2022. Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the recovery of ganja from the container is alleged to be 430 kg which is much more than commercial quantity as per N.D.P.S. Act. Both the petitioners have also been apprehended on spot with the alleged ganja like substance.

Having heard the learned counsel for the parties and considering the fact and gravity of the offence, this court is not inclined to enlarge the petitioners on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkumar/- U T