Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6187 of 2022 Arising Out of PS. Case No.-245 Year-2021 Thana- AIRPORT District- Patna ====================================================== BRAJESH KUMAR S/O SHIV KUMAR CHAURASIYA R/O VILLAGEMADUD, P.S.- KHUDAGANJ, DIST.- NALANDA, AT/P VILL.- MADHUPUR, P.S.- NEORA, DIST.- PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 8(C)/20(a)/29 of the N.D.P.S. Act. As per prosecution case, 6 gm. of Heroin has been recovered from the possession of the petitioner. It is submitted on behalf of petitioner that the alleged recovered Heroin is less than commercial quantity. Mandatory provision with regard to search and seizure has not been followed. Petitioner is in custody since 04.10.2021. However, learned A.P.P. for the State has opposed the bail petition and submitted that in this case, more than small quantity of Heroin has been recovered from the possession of petitioner.

Patna High Court CR. MISC. No.6187 of 2022(2) dt.05-04-2022 2/2 Considering the rival submissions of the parties and the recovery of alleged Heroin, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court on the condition that he will cooperate in disposal of trial and appear before the trial court, as and when required. (Prabhat Kumar Singh, J) anay/- U T