Moujahidul Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12788 of 2018 Arising Out of PS. Case No.-143 Year-2017 Thana- ROSHANGAANJ District- Gaya ====================================================== Moujahidul Islam, Son of Minhajul Islam, Resident of Village Kuiwar, P.S. Imamganj, District Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar Thakur For the Opposite Party/s :

Mr. SRI SATYA NAND SHUKLA ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 05-03-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Raushanganj (Bankey Bajar) P.S. Case No.143 of 2017, registered under Sections 8, 20(b) (ii) (c), 25/29 of the NDPS Act.

Allegation in brief is that 400 Kgs. of Dodda in number of sacks were found kept inside the bus on the sleeper as well as in the dicky of the bus and the petitioner is the conductor of the said bus.

Learned counsel for the petitioner submits that the recovery is not from the conscious possession of the petitioner and the driver, another co-accused, has been granted bail under Section 167(2) Cr.P.C.

Patna High Court Cr.Misc. No.12788 of 2018(2) dt.05-03-2018 2/2 Having considered the recovery of huge amount of the narcotic substance, prayer of bail of the petitioner is rejected in connection with Raushanganj (Bankey Bajar) P.S. Case No.143 of 2017, corresponding to G.R. No.1941 of 2017, pending in the court of learned Sessions Judge-cum-Special Judge (N.D.P.S. Act) Gaya, District Gaya.

(Arun Kumar, J) S.KUMAR/- U T