Laxman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8623 of 2024 Arising Out of PS. Case No.-734 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== Laxman Sah S/o Ganpat Sah R/o Vill - Nimej, P.S. - Brahampur, Dist. - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr.Kamal Deo Sharma, Advocate For the State :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Brahampur P.S. Case No. 734 of 2023 registered for the offence punishable under Sections 21(a) and 22(a) of the Narcotic Drugs and Psychotropic Substances Act.

3. As per the prosecution case, there is recovery of 420 milligrams of heroine from the petitioner.

4. Admittedly, the recovered heroine is a small quantity and the maximum punishment for possessing the same is one year.

5. This application is disposed of with a direction to the trial Court to inform the petitioner that for the recovery in question, the maximum sentence is one year and if he pleads

Patna High Court CR. MISC. No.8623 of 2024(2) dt.22-02-2024 2/2 guilty, he may be given a lesser sentence then one year and he may be convicted for the period undergone. If the petitioner pleads guilty then the trial Court will pass an order accordingly.

6. Let a copy of this order be communicated to the District Judge, Buxar for its compliance through FAX or e-mail forthwith.

7. List this case after four weeks.

8. The District Judge, Buxar will file a report with regard to the direction issued by this Court. (Sandeep Kumar, J) P. Kumar U T