Patna High CourtCR. MISC./3489/2017rejected

Ram Sagar Choudhary v. The State Of Bihar

2017-04-03Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.3489 of 2017 (3) dt.03-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3489 of 2017 Arising Out of PS.Case No. -175 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ram Sagar Choudhary S/o Pardeshi Das, R/v Supauli, P.O. Pokhariya, P.S. Shedwa, Distt. Parsa (Nepal) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Verma For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-04-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with N.D.P.S. Case No. 47/16 arising out of Raxaul P.S. Case No. 175 of 2016 registered for the offences punishable under Sections 20, 22, 23 and 24 of N.D.P.S. Act.

Allegedly, 10 Gram heroin and 82 Gram opium powder were recovered from possession of the petitioner and, accordingly, the petitioner was arrested and memo and seizure list was prepared.

Submission is of false implication and that mandatory provision of N.D.P.S. Act has not been complied with and search was made in gross violation of Section 50 of the N.D.P.S. Act.

Patna High Court Cr.Misc. No.3489 of 2017 (3) dt.03-04-2017 Chargesheet has already been submitted on 31.01.2017. The petitioner is in custody since 16.08.2016 and, as such, the petitioner deserves sympathetic consideration. The learned APP opposes the prayer of bail by submitting that from possession of the petitioner the alleged recovery has been made. The petitioner was given option either to be searched by gazetted officer or by the informant then he gave his consent to search by the informant then the search was made. In the facts and circumstances stated above, considering the alleged recovery, at present I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with N.D.P.S. Case No. 47/16 arising out of Raxaul P.S. Case No. 175 of 2016 pending in the Court of S.D.J.M. Raxaul at Motihari (East Champaran). (Jitendra Mohan Sharma, J) sushma/- U T