Alam Shekh Alias MD Alam Alias MD Alam Shekh Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6043 of 2024

Alam Shekh @ Md. Alam @ Md. Alam Shekh, aged about 29 years, S/o Md. Nuruddin @ Murgi Pahalwan, R/o House No. 187, Azad Nagar, Siwandih, PO Siwandih, PS Marafari, District Bokaro, Jharkhand.

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... … Petitioner

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Versus The State of Jharkhand … … Opposite Party

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CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Baibhaw Gahlaut, Advocate For the State : Mrs. Vandana Bharti, A.P.P.

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Order No. 04 / Dated 05^th August, 2024

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Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

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The petitioner is an accused in connection with Pindrajora P.S. Case No. 82 of 2024, consequent N.D.P.S. Case No. 01 of 2024, registered under Sections 20(b)(ii)(B), 22(b), 25 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, pending in the Court of Learned Principal District and Sessions Judge, Bokaro.

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It is submitted on behalf of the petitioner that the allegation against the petitioner is that he along with other co-accused persons are involved in the sale and purchase of the contraband namely Ganja and the co-accused persons have been caught red-handed along with Ganja weighing 2.044 KGs. It is submitted that the petitioner was not on the spot and his name has appeared in the alleged commission of the offence on the basis of confessional statement of the co-accused persons who were caught on the spot along with Scorpio in which the said Ganja was recovered. It is further submitted that similarly situated two co-accused persons who have been caught red-handed namely Rajan Kumar and Muzahid Iqbal on the spot have been enlarged on bail by the co-ordinate Bench of this Court vide order dated 26.07.2024 passed in B.A. No. 5530 of 2024 and vide order dated 14.06.2024 passed in B.A. No.4352 of 2024, respectively and the case of

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this petitioner is on the better footing because he has not been caught from the spot which is evident from the FIR itself. Further, it is submitted that the petitioner is in jail since 26.03.2024 and therefore he deserves to be enlarged on bail.

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On the other hand the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner stating that although he was not present on the spot but his name has been taken by the co-accused persons who have been caught red-handed from the Scorpio and a huge quantity of 2.044 KGs Ganja has been recovered which comes under the category of intermediary quantity but did not deny the fact that two co-accused persons have been enlarged on bail by the co-ordinate Bench of this Court.

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Having heard the parties, perused the records of this case.

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In the light of the submission advanced on behalf of the petitioner and under the facts and circumstances of this case, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/(Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of Learned Principal District and Sessions Judge, Bokaro, in connection with Pindrajora P.S. Case No. 82 of 2024, consequent N.D.P.S. Case No. 01 of 2024, with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.

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(Navneet Kumar, J.)

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Basant/S. Das

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2 B.A. No. 6043 of 2024

Alam Shekh Alias MD Alam Alias MD Alam Shekh v. the State of Jharkhand

Case brief

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Alam Shekh Alias MD Alam Alias MD Alam Shekh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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What the court decided

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