Md. Nuruddin @ Nuruddin Sidiki @ Md. Nuruddin Sidiki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66421 of 2023 Arising Out of PS. Case No.-309 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== Md. Nuruddin @ Nuruddin Sidiki @ Md. Nuruddin Sidiki, aged about 35 years (Male), Son Of Md Islam @ Islam Sidiki R/O.- Ward 07, Bervas, Ps Dumra, District Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.V.Giri, Sr. Advocate :

Mr. Devashish Giri, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-02-2024 Heard learned senior counsel for the petitioner, learned APP for the State and perused the case diary. The petitioner is in custody in connection with NDPS (Pre-Trial) arising out of Chhatauni P.S. Case No. 309 of 2023 from the Court of learned Sessions Judge/Special Judge, East Champaran, Motihari registered for an offence under Sections 414, 420, 468, 471, 489(b), 489(c) and 120(B) of the IPC and Sections 20(b)(ii)c and 22 of the NDPS Act.

As per allegation in the FIR, 1.040 K.G. of charas like substance from the possession of the petitioner and other coaccused person and also counterfeit currency notes of Rs.2,21,000/- was recovered from K-10, Maruti car bearing

Patna High Court CR. MISC. No.66421 of 2023(4) dt.15-02-2024 2/3 registration no. DL-1CR-2002.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is not involved in selling or transportation of any narcotic substance such as charas or counterfeit currency notes. Petitioner is in custody since 06.07.2023.

However, learned APP for the State opposes the prayer for regular bail of the petitioner.

From perusal of the first information report, seizure list, case diary and Forensic Science Report (RFSL 1354 of 2023 dated 22.11.2023), it appears that two co-accused persons arrested at the spot with Charas weighing 1.040 KG and also cash amount of counterfeit currency notes of Rs.2,21,000/- from the joint possession including the petitioner. From the FSL, report, it appears that an examination of Forensic Science Laboratory Report, Charas was found, in these circumstances, I am not inclined to grant bail to the petitioner. Prayer for regular bail of the petitioner is hereby rejected.

However, the trial court is directed to conclude the trial within a year from the framing of the charge.

Patna High Court CR. MISC. No.66421 of 2023(4) dt.15-02-2024 3/3 The FSL report be sent back to the concerned office. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T