Intezar Alam v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2023 of 2019 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 VillageKhirlichiya, P.S.- Raxaul, District - East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
THE UNION OF INDIA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh For the Opposite Party/s :
Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 8 and 20 of the N.D.P.S. Act. The prosecution case in short is that 4.3 kg charas has been recovered in this case.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 1.2.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. 4.3 kg charas is alleged to have been recovered. The petitioner has falsely been implicated in the present case merely on the basis of suspicion. There is no
Patna High Court CR. MISC. No.2023 of 2019(6) dt.16-04-2019 2/2 compliance of Sections 42 and 50 of the N.D.P.S. Act. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The alleged recovered quantity is above the commercial quantity. In the light of the provisions of Section 37 of the N.D.P.S. Act, the petitioner cannot be granted bail.
A report has been submitted by the Trial Court. It has been reported that out of 5 witnesses, 1 witness has already been examined.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Pankaj/- U T