Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15429 of 2024 Arising Out of PS. Case No.-288 Year-2023 Thana- BIRPUR District- Supaul ====================================================== Mukesh Kumar S/o Pappu Paswan R/o Vill - Bhimnagar, Ward No. 14, P.S. - Bhimnagar O.P. (Birpur), Dist. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8/20(b)(ii)(c) of the N.D.P.S. Act. It is a case of recovery of 50 kg of Ganza like narcotics substance from the possession of the petitioner. Petitioner is alleged to have arrested on spot while other coaccused persons fled away from the place of seizure. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. It is further submitted that without obtaining the FSL report, charge sheet has been submitted. Moreover, the petitioner

Patna High Court CR. MISC. No.15429 of 2024(4) dt.21-06-2024 2/2 is in judicial custody since 12.09.2023.

In contra, learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that petitioner was apprehended on the spot and 50 kg Ganza (which is more than commercial quantity as per NDPS Act) recovered from his possession.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Learned trial court is directed to expedite the trial and conclude the same as early as possible.

(Sunil Kumar Panwar, J) Nirajkrs/- U T