Md. Akhtar @ Akhtar Hussain @ Md. Akhtar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1124 of 2023 Arising Out of PS. Case No.-218 Year-2022 Thana- KUTUMBA District- Aurangabad ====================================================== Md. Akhtar @ Akhtar Hussain @ Md. Akhtar Hussain Son Of Md. Nasim @ Md. Nasim Ansari Resident Of Village- Udayganj, P.S.- Amba, DistrictAurangabad (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Police Superintendent Economic Offence Unit, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner, learned counsel for the N.C.B. 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), 25 and 29 of the NDPS Act.

As per FIR, the petitioner was apprehended on the spot and upon search 32 kg ganja was recovered from a Tata Intra Car and the petitioner was said to be driver of the alleged car.

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

Patna High Court CR. MISC. No.1124 of 2023(4) dt.05-07-2023 2/2 concern with the alleged recovery and the vehicle in question does not belong to him. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 14.09.2022. Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the recovery of ganja from the Tata Intra Car is alleged to be 32 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) lata/- U T