Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18023 of 2020 Arising Out of PS. Case No.-209 Year-2019 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== SANJAY SAH Son of Late Gonu Sah Resident of Village-Madhubani Ward No.10, P.S.-Phenhara, District-East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Union of India Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar For U.O.I.

:

Ms. Priya Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 09-06-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offences punishable under 8/17(b), 18(b) of the Narcotic Drugs and Psychotropic Substance Act.

Allegation against the petitioner is recovery of 1 kg. 490 grams of opium from his possession.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 23.10.2019.

Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.18023 of 2020(2) dt.09-06-2020 2/2 and also in view of the fact that there being recovery of opium from conscious possession of petitioner which is more than small quantity but less than commercial quantity, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected. However, after completing one year in jail custody, petitioner may renew his prayer for bail.

(S. Kumar, J) Sanjay/- U T