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Patna High CourtCR. MISC./8121/2020rejected

Brij Mohan Sahani @ Braj Mohan Sahani v. The State Of Bihar

2020-02-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8121 of 2020 Arising Out of PS. Case No.-131 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== BRIJ MOHAN SAHANI @ BRAJ MOHAN SAHANI Son of Meghnath Sahani Resident of Village - Karja, P.S.- Karja, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-02-2020 Heard learned counsels for the petitioner and the State.

Petitioner seeks bail in connection with N.D.P.S. Case No. 32 of 2019 arising out of East Champaran (Motihari) Muffasil P.S. Case No. 131 of 2019 registered for the offence punishable under sections 414, 467, 468, 471, 472 of the Indian Penal Code and section 8/20 (b)(ii)(B) of N.D.P.S. Act.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Nothing has been recovered from the conscious possession of this petitioner. Petitioner is in custody since 30.03.2019.

Patna High Court CR. MISC. No.8121 of 2020(2) dt.17-02-2020 2/2 Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is named accused and there is recovery of 510 gram Charas from this petitioner, which is not under small quantity, and as such, he does not deserve to be granted the privilege of bail. Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T