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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45115 of 2024 Arising Out of PS. Case No.-1214 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Guddu @ Md. Guddu @ Azhar @ Md. Azhar S/o Akhtar Husain R/o vill - Purwari Jhirwa, P.S. - Simraha, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the State :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-08-2024 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and Mr. Zainul Abedin, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 06.01.2023, in connection with Special (N.D.P.S.) Case No. 41 of 2022 arising out of Forbesganj P.S. Case No. 1214 of 2022, FIR dated 16.11.2022 for the offences punishable under Sections 21(b), 8, 17(C) and 18(C) of the N.D.P.S. Act.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 21.08.2023 passed in Cr. Misc. No. 27167 of 2023.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the FIR is false and fabricated and the name of the

Patna High Court CR. MISC. No.45115 of 2024(3) dt.09-08-2024 2/2 petitioner has been transpired on the basis of the confessional statement of the co-accused person, namely, Md. Moosa. The petitioner is rotting in judicial custody since 06.01.2023.

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that it appears from the FIR itself that recovery has been made from the possession of co-accused person and on his confessional statement the name of the petitioner has been transpired in this case. He further submits that petitioner carries six more cases other than the present one and out of six cases three cases pertaining to the N.D.P.S. matter.

6. Considering the facts and circumstances of the case as well as the criminal history of the petitioner in the N.D.P.S. matter, I am not inclined to enlarge the petitioner on bail in connection with Special (N.D.P.S.) Case No. 41 of 2022 arising out of Forbesganj P.S. Case No. 1214 of 2022 pending in the Court of learned Sessions Judge, Araria.

7. Prayer is refused.

8. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) ajay/- U T