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Patna High CourtCR. MISC./33981/2023bail rejected

Gyasuddin Ahmad @ Gyasuddin Alam v. The State Of Bihar

2023-09-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33981 of 2023 Arising Out of PS. Case No.-943 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== GYASUDDIN AHMAD @ GYASUDDIN ALAM S/O PHUL MOHAMMAD R/O Village and P.S.-Jadopur, District-Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 8/20(b) (ii)(c) of the NDPS Act.

3. It is alleged that 45 kg Ganja has been recovered from the Honda Car bearing Reg. No. WB-06/5950 in which this petitioner along with other co-accused person were travelling .

4. It is submitted that petitioner has been made accused in this case only on the basis of confessional statement of other co-accused person. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.33981 of 2023(5) dt.21-09-2023 2/2

5. However, learned counsel for the State opposes the bail petition of the petitioner and submits that petitioner is named in the F.I.R and there is recovery of huge amount of ganja from the Car in question in which this petitioner along with other co-accused person were travelling and the name of this petitioner was disclosed by the apprehended co-accused persons on the spot.

6. Considering the facts and circumstances of the case and also the fact that petitioner is named in the F.I.R and there is recovery of huge quantity of ganja, prayer for pre-arrest bail petition of the petitioner is hereby rejected. (Prabhat Kumar Singh, J) Kaushik/- U T