Patna High CourtCR. MISC./75839/2023bail rejected

Seikh Kamaludin v. The State Of Bihar

2024-02-29Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75839 of 2023 Arising Out of PS. Case No.-673 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Seikh Kamaludin Son Of Sheikh Ishamael Resident Of Village - Mokhalishpur, P.S. - Banjaria, District - East Champaran ... ... Petitioner/s

Versus

The state of bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with NDPS Case No. 40 of 2023 arising out of Turkauliya (Banjariya) P.S Case No. 673 of 2023 from the Court of learned 1st Addl. Sessions Judge-cum-Spl. Judge, East Champaran, Motihari registered for the offences punishable under Sections 8, 20 (b) (ii) (c), 23, 25 of NDPS Act.

3. As per allegation in the FIR, total 60 Kg ganja was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Learned

Patna High Court CR. MISC. No.75839 of 2023(4) dt.29-02-2024 2/2 counsel for the petitioner submits that no incriminating articles has been recovered from the possession of the petitioner. It is also submitted that petitioner is in judicial custody since 11.06.2023 and petitioner has got no criminal antecedent as stated in para 3 of the petition.

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

6. In view of the allegation as regard to recovery of said ganja from the house of the petitioner which is more than commercial quantity and thumb impression of the petitioner is in seizure list. Moreover, witnesses has also supported the version of the FIR. This Court is not inclined to grant bail to the petitioner.

7. Hence prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Mayank/- U T