Rajendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16666 of 2024 Arising Out of PS. Case No.-764 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Rajendra Chaudhary S/o Jagdish Choudhary Resident of Mohalla - Nayachak, Budhiya Kali Sthan, P.S. - Ishakchak, Dist. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kotwali P.S. Case No.764 of 2023 lodged under Sections 8(c), 21(c) and 22 of the N.D.P.S. Act.

3. As per the prosecution case, the F.I.R. has been lodged against two named accused persons from whose possession, 300 gm brown sugar has been recovered which is subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the seizure is completely defective and there is no witness of the same. He also submits that charge has been framed in this

Patna High Court CR. MISC. No.16666 of 2024(4) dt.05-07-2024 2/2 case.

5. Counsel for the petitioner submits that petitioner is in custody since 19.08.2023 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail and submits that the recovery of brown sugar is commercial quantity.

7. 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.) Prakashmani/- U T