Mohd. Muzaid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17982 of 2017 Arising Out of PS.Case No. -174 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mohd. Muzaid, Son of Shah Mohammad, Resident of Village Chhapkaiya, P.O. Birganj, District- Parsa (Nepal).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajendra Kumar Jain For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody for the offences punishable under Sections 20, 22, 23 and 24 of the N.D.P.S. Act. 3.9 Kilorgrams of Charas and Nepali currency was recovered from a Tanga of which the petitioner was driver. Learned counsel for the petitioner submits that nothing incriminating has been recovered from the possession of this petitioner and he has falsely been implicated in this case. He further submits that in fact the alleged Bora was loaded by some other passengers on his Tanga and merely on suspicion he has been implicated in this case.

Considering the nature of allegation as well as the

Patna High Court Cr.Misc. No.17982 of 2017 (3) dt.19-05-2017 fact that the petitioner was apprehended at the spot, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail in connection with N.D.P.S. Case No.46/16, arising out of Raxaul P.S. Case No.174 of 2016, pending in the court of learned Sessions Judge (Special Judge), East Champaran at Motihari is rejected.

(Arvind Srivastava, J) Arvind/- U T