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Patna High CourtCR. MISC./13499/2021dismissed

Don Prasad @ Don Sao @ Ramjee Prasad v. The State Of Bihar

2021-10-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13499 of 2021 Arising Out of PS. Case No.-313 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== DON PRASAD @ DON SAO @ RAMJEE PRASAD Son of Late Lakshman Sao Resident of - Daudnagar, P.S.- Daudnagar, District - Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nivedita Nirvikar, Sr. Advocate Mr.Dhaneshwar Vashist, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-10-2021 Heard the parties.

The petitioner seeks bail in connection with Daudnagar P.S. Case No.313 of 2020, registered for the offence punishable under Sections 20(b) (ii) (c) of the Narcotics Drugs and Psychotropic Substances Act.

Allegation against the petitioner is that 29.745 kg of ganja has been recovered from his house.

It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence, in the manner as alleged has ever taken place. He has been falsely implicated in this case with oblique purpose and ulterior motives. The allegations leveled against the petitioner is false and concocted.

Patna High Court CR. MISC. No.13499 of 2021(3) dt.04-10-2021 2/2 There is no compliance of section 50 of the NDPS Act. The petitioner has one criminal antecedent, as mentioned in para-3 of the bail application and has been languishing in custody since 30.09.2020.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case, I am not inclined to grant bail to the petitioner. The prayer for bail made through the instant application is hereby rejected.

However, petitioner may renew his prayer for bail after framing of the charge.

(Anjani Kumar Sharan, J) pallavi/- U T