Patna High CourtCR. MISC./28559/2015rejected

Raju Sahni v. The State Of Bihar

2015-08-10Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28559 of 2015 Arising Out of PS.Case No. -548 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Raju Sahni, Son of Late Yadolal Sahni, Resident of Village - Siswa Naika Tola, P.S. - Banjaria, District - East Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 10-08-2015 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks bail in N.D.P.S. Case No.55 of 2014 arising out of Turkaulia P.S. Case No.548 of 2014 registered for the offence punishable under Sections 20, 22, 23 and 24 of the Narcotic Drugs and Psychotropic Substances Act.

The allegation is that on the information that the petitioner is dealing with narcotics substance, the police made raid and the petitioner was apprehended. On search of the house of the petitioner, five packets of charas weighing to 3 Kg. 250 gm. was recovered.

It is submitted that no seizure has been made from the conscious possession of the petitioner. He has been in custody since 11.08.2014 having no criminal antecedent.

Patna High Court Cr.Misc. No.28559 of 2015 (2) dt.10-08-2015 2/2 The learned counsel for the State submits that more than commercial quantity of charas has been recovered from the house of the petitioner in presence of independent witnesses. After investigation, charge sheet has already been submitted. Charge has also been framed and the trial is going on.

Considering the facts and circumstances of the case, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T