Nausad Alam @ Nausad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69527 of 2024 Arising Out of PS. Case No.-227 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== Nausad Alam @ Nausad Ali Son of Late Rajak Miya Resident of VillageJamunbhar, P.S.- Adapur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-01-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Shri. Chandra Bhushan Prasad. 2.

The petitioner apprehends his arrest in connection with Adapur P.S. Case No. 227 of 2024 registered for the offences punishable under Section 132 of B.N.S and Sections 8/20(b), (ii), (c) of Narcotic Drugs and Psychotropic substances Act.

3.

Learned counsel for the petitioner submits that allegation is of recovery of 131 Kg of ganja from the house and car of the co-accused.

4.

It is next submitted that name of the petitioner transpired in the present case based on confessional statement of co-accused in police custody, which does not have any evidentiary value. It is submitted that wife of the petitioner is a

Patna High Court CR. MISC. No.69527 of 2024(3) dt.29-01-2025 2/3 Panchayat Secretary Member and is having dispute with the Mukhiya of the Gram Panchayat and it was at the instance of Mukhiya that the apprehended accused implicated the petitioner in the instant case. It is further submitted that the wife of the petitioner has also represented before the concerned Superintendent of Police stating therein that her husband has been falsely implicated on account of rivalry. It is next submitted that apart from confession, nothing has come during the course of investigation, which could even remotely connect the petitioner with the offence.

5.

Learned A.P.P. for the State, Shri. Chandra Bhushan Prasad, opposes the prayer for anticipatory bail of the petitioner and submits that petitioner has antecedent of five cases though not under the N.D.P.S Act, but then it is submitted that the quantity of recovery of ganja is huge and the apprehended accused, in his confessional statement, has taken the name of the petitioner. It is also submitted that if the privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond.

6.

Considering the submissions made by the learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.69527 of 2024(3) dt.29-01-2025 3/3 7.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Satyavrat Verma, J) SUMIT/- U T