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Patna High Court/14223/2021dismissed

Shyam Narayan Chaudhary @ Shyam Narain Chaudhari v. The State Of Bihar

2021-09-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14223 of 2021 Arising Out of PS. Case No.-633 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SHYAM NARAYAN CHAUDHARY @ SHYAM NARAIN CHAUDHARI S/o- Late Jagar Nath Chaudhary R/v- Daulatpur, P.S.- Hajipur Sadar, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-09-2021 Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Sections 8/20(b)(ii)(c)/25/29 of the NDPS Act.

Ganja was recovered from a scooty which was being carried by Ravi Kumar, the son of the petitioner. Petitioner was not there at the time of recovery. Petitioner has got identical criminal antecedents. Name of the petitioner surfaced in the disclosure statement of the son of the petitioner. The criminal antecedent of the petitioner of identical nature does not satisfy the conscious of the Court that in the event of release, the petitioner would not commit such offence in future. Hence in view of bar under Section 37 of the NDPS

Patna High Court CR. MISC. No.14223 of 2021(3) dt.01-09-2021 2/2 Act, I am not inclined to enlarge the petitioner on bail in connection with Hajipur Sadar P.S. Case No. 633 of 2020. Hence, prayer is refused.

Learned trial Court is directed to expedite the trial (Birendra Kumar, J) mantreshwar/- U T