Intaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56308 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== INTAZ ALAM Son of Sahim Miyan @ Sahim Resident of Village - Inarwa, P.S.- Inarwa, District - West Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

The Union of India through the S.S.B., Inarwa Camp, Police Station - Inarwa, Dist. - West Champaran Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.S.D. Sanjay(Addl.Soli.Gen) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with NCB/PZU/V/Case No.34/2018 registered for offences punishable under Sections 8, 20, 25 and 29 of the NDPS Act. As per FIR, 41 kg. of Ganja was recovered from a vehicle.

Submission of the learned counsel for the petitioner is that FIR itself shows that the vehicle has been sold to some other accused persons and in spite of that petitioner has been made accused in this case.

Heard learned A.P.P. , who has opposed the prayer for bail on the ground that there is recovery as well as there are

Patna High Court CR. MISC. No.56308 of 2019(4) dt.16-11-2019 2/2 materials against the petitioner in the FIR as well as theer is statement under Section 67 of the NDPS Act before the S.S.B.. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on the basis of the submissions as made above without being prejudiced by the order of this Court. With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T