Sheikh Kamaludin @ Md. Kamaludin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44743 of 2024 Arising Out of PS. Case No.-673 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Sheikh Kamaludin @ Md. Kamaludin SON OF MD. ISMAIL @ SHEIKH ISHAMAEL Village- Mokhlishpur, P.S.- Banjariya, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Turkauliya (Banjariya) P.S. Case No.673 of 2023 registered for the offence under Sections 8, 20(b)(ii)(C), 23 and 25 of the NDPS Act.

3.

Allegation against the petitioner is to have in possession of total 60 kgs. Ganja.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that the

Patna High Court CR. MISC. No.44743 of 2024(2) dt.15-07-2024 2/3 contraband i.e. Ganja has not recovered from the possession of this petitioner rather the alleged contraband has been recovered from an abundant place, which is accessible to general public. It is submitted that there is violation of Section 50 of NDPS Act as regard to search and seizure of alleged contraband. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 11.06.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner and submitted that the alleged contraband has been recovered from the house of the petitioner.

6.

In view of the submissions, as made above and this a case of second attempt for grant of bail, where, bail application was rejected by this Court vide order dated 29.02.2024 in Cr. Misc. No.75839 of 2023 and the present application has been filed on the ground of custody period, where, it appears from perusal of FIR that total 60 kgs. of Ganja has been recovered from the house of the petitioner, this Court is not inclined to grant bail to the petitioner, at present. 7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

8.

Learned trial court is directed to conclude the

Patna High Court CR. MISC. No.44743 of 2024(2) dt.15-07-2024 3/3 trial of the case expeditiously.

(Ramesh Chand Malviya, J) S.Katyayan/- U T