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Patna High CourtCR. MISC./56384/2022bail rejected

Md. Julkar Nain @ Md. Julkar Nain v. The State Of Bihar

2023-08-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56384 of 2022 Arising Out of PS. Case No.-103 Year-2022 Thana- MANPUR District- West Champaran ====================================================== Md. Julkar Nain @ Md. Julkar Nain Son Of Naviraj Sheikh @ Naviraja Sheikh R/O Village- Bajara Bairiya, P.S.- Sahodra, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohit Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8, 20(b) (ii)(c), 23(c) and 29 of the NDPS Act.

As per FIR, the petitioner was apprehended on the spot and upon search total 30 kg ganja was recovered from the car in which the petitioner and co-accused were sitting. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery and the vehicle in question does not belong to him. He has got no criminal

Patna High Court CR. MISC. No.56384 of 2022(5) dt.02-08-2023 2/2 antecedent. It is further submitted that the petitioner is languishing in judicial custody since 17.06.2022. Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the recovery of ganja from the car is alleged to be 30 kg which is much more than commercial quantity as per N.D.P.S. Act. The petitioner has also been apprehended on spot with the alleged ganja like substance. Having heard the learned counsel for the parties and considering the fact and gravity of the offence, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkumar/- U T