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Patna High CourtCR. MISC./41558/2014dismissed

Shahnawaj Alam @ Shahnawaj Alam Ansari v. The State Of Bihar

2015-05-12Mr. Justice Prabhat Kumar Jha1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41558 of 2014 Arising Out of PS.Case No. -82 Year- 2014 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shahnawaj Alam @ Shahnawaj Alam Ansari Son of Nasiruddin Ansari, Resident of Village-Rampur Nankar, P.S.-Laukariya, District-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-05-2015 Heard both sides.

The petitioner seeks bail in Bagaha (Pathkhauoli) P.S.Case No.82 of 2014 registered under Sections 20, 22, 23 and 29 of the N.D.P.S. Act. The S.I. of S.S.B. Bagaha, on search, recovered 5 kgs. of Charas from the possession of the petitioner.

It is submitted that from perusal of the FIR, it appears that Kapildeo Yadav and Ravindra Choudhary are the witnesses, whereas the seizure-list witnesses are Mriganka Mandal and Ajay Kumar Kushwaha, which creates doubt about the credibility of the seizure-list. It appears that commercial quantity of Charas was recovered from the possession of the petitioner.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail and accordingly, the same is rejected. (Prabhat Kumar Jha, J) ahk/- U T