Sahabuddin Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73438 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- GOPALPUR District- West Champaran ====================================================== SAHABUDDIN ALAM Son of Aimullah Miyan Resident of Village - Murli Parsauni, P.S.- Balthar, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-03-2020 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Gopalpur P.S. Case No.83 of 2019 registered under Sections 20, 22 and 23 of the NDPS Act, pending in the court of the Sessions Judge, at Bettiah, District-West Champaran.

The accusation is that in course of police patrolling duty, two persons were seen in suspicious condition, who were apprehended by the police, who disclosed their name as Sahabuddin Alam (petitioner) and Tanjir Alam. On search, the petitioner was found in possession of one bag containing one kilogram Charas, kept in two packets.

Patna High Court CR. MISC. No.73438 of 2019(3) dt.06-03-2020 2/2 Learned counsel appearing on behalf of the petitioner submits that while the petitioner is accused in two other cases, as detailed in paragraph-2 to the supplementary affidavit filed on behalf of the petitioner but in those cases, he is on bail. The petitioner, in the present case, is in custody since 04.06.2019. Further submission is that the co-accused Tanjir Alam alias Tanjeer Alam has already been granted bail by a Bench of this Court vide order dated 19.09.2019 passed in Criminal Misc. No.58916 of 2019.

From perusal of the F.I.R., it is apparent that the petitioner was found in possession of one bag containing one kilogram Charas, kept in two packets, as such, I am not inclined to grant the privilege of bail to the petitioner. Accordingly, the prayer of the petitioner to grant him the privilege of bail stands rejected. (Rajendra Kumar Mishra, J) P.S./- U T