Patna High CourtCR. MISC./49289/2024rejected

Mohammad Salamuddin @ Md. Salamudin v. The State Of Bihar

2024-07-22Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 49289 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- NARPATGANJ District- Araria ====================================================== Mohammad Salamuddin @ Md. Salamudin Son of Abdul Jalil Resident of Vill- Bairia Arazi, Ward No. 8, P.S.- Birpur, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Naushaduzzoha, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner and learned APP for the State

2. The petitioner is in custody in a case registered for the offence punishable under Sections 21(c) 22 and 23 of the NDPS Act.

3. As per allegation in the FIR, it is a case of recovery of 100 Kg. of ganja in four sacks from the conscious possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that he was arrested on the basis of mere suspicion and there is no compliance of Section 50 of the NDPS Act and Section 100 of the Cr.P.C. He next submits that petitioner has

Patna High Court CR. MISC. No. 49289 of 2024(2) dt.22-07-2024 2/2 got clean antecedent as stated in para-3 of the petition and he is in custody since 13.01.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. On perusal of the first information report and impugned order dated 18.05.2024, it appears that 100 Kg. of ganja was recovered from the conscious possession of the petitioner and the said recovery is of more than commercial quantity and the case of the prosecution have been supported by the witnesses, considering which, I am not inclined to grant bail to the petitioner.

7. Prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T