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Patna High CourtCR. MISC./23638/2019dismissed

Chandan Upadhyay v. The State Of Bihar

2019-04-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23638 of 2019 Arising Out of PS. Case No.-106 Year-2018 Thana- Kudra District- Kaimur (Bhabua) ====================================================== Chandan Upadhyay aged about 24 years (Male) S/O Chandra Shekhar Upadhyay, R/O village Lily, P.S. Karamchat, District - Kaimur at Bhabua. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad Mr. Santosh Kumar Pandey For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

17-04-2019 Heard Sri Sheo Kumar Prasad, learned counsel assisted by Sri Santosh Kumar Pandey, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor.

In a very short span of time, this is the 3rd attempt for grant of bail on behalf of petitioner, who is in custody only since 29-03-2018 in a case relating to recovery of 21 kg. of Ganja, which is obviously commercial quantity in Kudra P.S. Case No. 106 of 2018 registered for offence under Sections 8, 20(b)(ii)(c) & 27(A) of the Narcotic Drugs & Psychotropic Substances Act, 1985. Firstly, his prayer for bail was rejected on 07-05-2018, vide Cr. Misc. No. 26283 of 2018 and thereafter, on 26-09-2018, his prayer for bail, vide Cr. Misc. No. 48358 of 2018, was

Patna High Court CR. MISC. No.23638 of 2019(2) dt.17-04-2019 2/2 rejected, considering the seriousness of the offence and again the present petition has been filed.

Learned counsel for the petitioner tried to persuade the Court to examine the case on merit.

It goes without saying that though repeated bail petitions are permissible, but such petitions can be entertained only in changed circumstances. I do not find any ground to entertain the petition.

The bail petition again stands dismissed.

(Rakesh Kumar, J.) anay U T