Md. Saquib v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73593 of 2023 Arising Out of PS. Case No.-524 Year-2023 Thana- ARARIA District- Araria ====================================================== MD. SAQUIB SON OF NAJAM @ NIJAMUDDIN RESIDENT OF VILLAGE- HALDIA, WARD NO 6, FORBESGANJ, (SIMRAHA), DISTTARARIA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Kumar Jha For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-03-2024
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Araria P.S. Case No. 524 of 2023 corresponding to Special Case No. 42 of 2023 registered for the offence under Sections 21, 22, 23 of the N.D.P.S. Act.
3. As per the prosecution story the Police on the basis of secret information raided the godown on 28.05.2023 and apprehended the co-accused / Md. Naushad Alam and upon search huge quantity of cough syrup (7277 bottles of 100 ml each) containing codeine was recovered. The apprehended person disclosed the name of the petitioner along with others and have also disclosed that there is an organized gang of persons including the petitioner. He is being paid Rs. 5000/-
Patna High Court CR. MISC. No.73593 of 2023(3) dt.05-03-2024 2/2 per month for taking care of the contraband substance.
4. Learned counsel for the petitioner submits that allegation against the petitioner is totally false and baseless and nothing has been recovered from his possession. There is no direct incriminating material against the petitioner except disclosure of his name by the co-accused / Md. Naushad Alam.
5. I have heard learned counsel for the parties and have perused the materials on record including the impugned order. The Police recovered huge quantity of cough syrup containing codeine kept in a godown and the godown keeper / Md. Naushad Alam who was arrested by the Police disclosed the name of the petitioner and others and said that the accused persons are the members of an organized gang and the petitioner is having criminal antecedent of similar nature of offence under the N.D.P.S. Act, accordingly, I am not inclined to grant anticipatory bail to the petitioner.
6. The prayer for anticipatory bail is rejected. (Anil Kumar Sinha, J) praful/- U T