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Patna High CourtCR. MISC./73431/2018dismissed

Ashfak Alam @ Ashfaque Alam @ Ashfak Hussain @ Ashfaque Hussain v. The Union Of India And ANR

2018-12-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73431 of 2018 Arising Out of PS. Case No.-18 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== Ashfak Alam @ Ashfaque Alam @ Ashfak Hussain @ Ashfaque Hussain Son of Muzamine Miya, resident of Village Inarwa Bazar, P.O. + P.S. Inarwa Bazar Bettiah District West Champaran, Bettiah. ... ... Petitioner/s

Versus

1. The Union of India.

2. The State of Bihar.

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

For the Petitioner/s :

Mr. Prem Ranjan Raj For the Opposite Party/s :

Mr. Sri Manoj Kumar - 1 For UOI :

Mr. S.D.Sanjay, Addl. S.C.

Mrs. Shail Kumari, CGC.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-12-2018 The petitioner seeks bail in connection with West Champaran (Bettiah) Trial No. 10 of 2018 arising out of Patna NCB Case No. 18 of 2017 registered under Sections 43 read with 8(c), 20(b)(ii)(c) and 23(c) of the NDPS Act, 1985. Allegation against the petitioner is of recovery of 102 Kg. Charas from him.

Submission of learned counsel for the petitioner is that there appears improbable that a person would carry 102 Kg of Charas with him and as such he has falsely been implicated in this case and petitioner is in custody since 18.09.2017. Heard learned Additional Solicitor General also who has opposed the prayer of bail.

Having heard both sides and in the facts and

Patna High Court Cr.Misc. No.73431 of 2018(2) dt.14-12-2018 2/2 circumstances, as stated above, I am not inclined to grant bail to the petitioner. However, considering the fact that he is in custody for one year, trial court is directed to expedite the trial. (Vinod Kumar Sinha, J) sujit/- U T