Guddu @ Md. Guddu @ Azhar @ Md. Azhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27167 of 2023 Arising Out of PS. Case No.-1214 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Guddu @ Md. Guddu @ Azhar @ Md. Azhar S/O Akhtar Hussain Resident of Village- Purwari Jhirwa, P.S.- Simraha, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Deo Singh Mr. Mukesh Kumar Rana, Advocates For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 06.01.2023, in connection with Forbesganj P.S. Case No. 1214 of 2022, F.I.R. dated 16.11.2022 registered for the offences punishable under Sections 21(b), 8, 17(C), 18(C) of the N.D.P.S. Act.

3. The case relates to recovery of 7.130 Doda Powder and the petitioner is main supplier of Narcotic Smack.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that from perusal of the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from co-accused person namely Md. Musa and the name of

Patna High Court CR. MISC. No.27167 of 2023(4) dt.21-08-2023 2/2 the petitioner has been transpired on the basis of confessional statement of co-accused person namely Md. Musa and except the disclosure made by co-accused person, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence and co-accused Md. Musa has confessed that the petitioner is the main supplier of the drug in question and he has received the drug in question from the petitioner.

5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail and submits that there is sufficient material to suggest the involvement of the petitioner in the present occurrence in paragraph nos. 09, 24 and 29 of the case diary supported the allegation against the petitioner and apart from that the petitioner carries six more cases other than the present one but out of six cases, three cases pertaining to NDPS Matter.

6. In view of the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Forbesganj P.S. Case No. 1214 of 2022 pending in the Court of learned Sessions Judge, Araria.

7. Prayer is refused.

Ibrar//- (Rajesh Kumar Verma, J) U