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Patna High CourtCR. MISC./6154/2025bail rejected

Alok Kumar @ Munna Kumar v. The State Of Bihar

2025-04-11Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6154 of 2025 Arising Out of PS. Case No.-658 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Alok Kumar @ Munna Kumar S/O Suraj Sah Resident of village- Beldari, P.S.- Muffasil, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Govindganj P.S. Case No. 658 of 2023, lodged on 28.11.2023, under Sections 08, 20(b) (ii) (c) & 23(c) of the Narcotics Durgs and Psychotropic Substances Act and 25(1-b)a, 26 & 35 of the Arms Act.

3. As per the prosecution case, FIR has been lodged against two named accused persons. Total recovery of 1 1⁄2 kg of charas and one loaded desi katta have been made, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.6154 of 2025(2) dt.11-04-2025 2/2 further submits that he has been in custody since 29.11.2023. Counsel further submits that the desi katta has not been recovered from the possession of the petitioner, and as per the allegation, only a bag was recovered from his possession. It is also submitted that the criminal antecedents of the petitioner are not clean, as four criminal cases are pending against him. Additionally, counsel submits that there has been a gross violation of procedure during the preparation of the seizure list.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that 11⁄2 kg of charas has been recovered from the possession of the petitioner which is a commercial quantity. It is further submitted that the petitioner does not have a clean criminal antecedent.

6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

(Dr. Anshuman, J.) Aman Kumar/- U T