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Patna High CourtCR. MISC./31759/2018rejected

Md. Jamil Akhtar @ Jamil Akhtar @ Zamil Akhtar v. The State Of Bihar

2018-08-02Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31759 of 2018 Arising Out of PS. Case No.-526 Year-2017 Thana- KATIHAR District- Katihar ====================================================== Md. Jamil Akhtar @ Jamil Akhtar @ Zamil Akhtar, Son of Md. Shohrab Mallah @ Shohrab Mallah @ Sohrab, Resident of Village- Kazitola Shohjana, Police Station- Azamnagar, District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Abdul Wadood, Adv For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, APP 225 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

This is a petition for grant of regular bail in connection with Katiha Town P.S. Case No. 526 of 2017 being G.R. No. 3373 of 2017 for offences under Sections 20/22 N.D.P.S Act.

Allegation, in brief, is that the police on secret information recovered from the possession of the petitioner 5.7 Kg of Ganja kept in a plastic sack and it was disclosed by the petitioner that he had gone there to deliver ganja to businessman but some miscreants also chased him and assaulted with knife. Learned counsel for the petitioner submits that the recovery of ganja was not made from his possession and the

Patna High Court Cr.Misc. No.31759 of 2018(5) dt.02-08-2018 2/2 petitioner has been in custody in this case since 03.08.2017 and he was himself in an injured condition.

Learned counsel for the State submits that the petitioner is a veteran criminal having more than a dozen cases against him under serious offences and accused of robbery and Arms Act and there is recovery of 5.7 Kg of ganja from his possession.

Having considered the aforesaid facts and circumstances, the prayer for bail of the petitioner is rejected. The trial court is directed to expedite the trial and preferably to conclude it within a year.

(Arun Kumar, J) Shamshad/ Saurabh U T