Arjun Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22072 of 2021 Arising Out of PS. Case No.-443 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Arjun Kumar Ram Son of Surendra Ram Resident of Village - Kashi Chhapra, P.S.- Baruraj, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Smt. Sharda Kumari A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

16-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in NDPS Case No. 66 of 2020, arising out of Muzaffarpur Sadar P.S. Case No. 443 of 2020, registered for the offence under Section 20/22 of the N.D.P.S. Act.

As per prosecution case, 200 gm of Charas has been recovered from the possession of the petitioner. It is submitted on behalf of petitioner that nothing has been recovered from the possession of the petitioner and petitioner has been made accused only on suspicion. The alleged quantity of recovered Charas is less than commercial quantity and as such, rigors of Section 37 of the N.D.P.S. Act would not be attracted. It is further submitted that mandatory provision

Patna High Court CR. MISC. No.22072 of 2021(2) dt.16-07-2021 2/2 with regard to search and seizure has not been followed. Petitioner is in custody since 30.09.2020. Investigation is complete.

However, learned A.P.P. for the State has opposed the bail petition.

Considering the rival submissions of the parties and the recovered quantity of Charas, I am not inclined to grant bail to the petitioner.

However, once charge has been framed and trial is commenced, the petitioner shall be released on bail by the learned trial court on its own satisfaction and on the condition that he will cooperate in disposal of trial and appear before the trial court, as and when required.

With above observation, the bail petition stands disposed of.

(Prabhat Kumar Singh, J.) anay U T