Intezar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20749 of 2020 Arising Out of PS. Case No.-5 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== INTEZAR ALAM Son of Mosami Alam @ Mahasan Miyan Resident of Village- Khirlichiya, P.S.- Raxaul, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Union of India. India.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 8 & 20 of the N.D.P.S. Act.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that there was recovery of 4.3 kg Charas and the same was above the commercial quantity. Hence the petitioner was not entitled for bail under the provisions of Section 37 of NDPS Act. A report was called for from the trial court. It has been reported that out of 5 prosecution witnesses, one witness has been examined.

A counter affidavit has been filed on behalf of Union of

Patna High Court CR. MISC. No.20749 of 2020(7) dt.03-03-2021 2/2 India. In the counter affidavit, it has been stated that all the prosecution witnesses have already been examined. When the matter is taken up today, it has been submitted by Mr. Manoj Kumar Singh appearing on behalf of the Union of India (CGC) that the evidence has been closed and the case is fixed for final argument.

Considering the nature of accusation and the stage of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer for bail of the petitioner in connection with N.D.P.S. Case No. 08 of 2018 (NCB Case No. PZU/V/05/2018) is rejected.

(Sudhir Singh, J) A.K.V.//- U T