Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28281 of 2021 Arising Out of PS. Case No.-874 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== GOLU KUMAR S/O SRI BABLU KUMAR R/o Mohalla- Mahatma Gandhi Nagar, Near T.V. Tower, P.S.- Agam Kuan, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dudh Nath Singh, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-02-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner, who is in custody since 30.10.2019, seeks regular bail in connection with Patrakar Nagar P.S. Case No. 874 of 2019 for the offence punishable under Sections 20/22 of the N.D.P.S. Act.

Th prosecution case in brief is that one person seeing the police was trying to flee away, but he was apprehended by the police and he disclosed his name as Golu Kumar (petitioner) and on search 9 puria of brown sugar was recovered from his

Patna High Court CR. MISC. No.28281 of 2021(5) dt.03-02-2022 2/3 possession.

Learned counsel for the petitioner submits that the petitioner has not committed any offence. Nothing has been recovered from his conscious possession. However the alleged recovery of brown sugar was found near the place where the petitioner was standing and on mere suspicion he has been made accused in the present case.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that from very perusal of the FSL report, it is apparent that the seized sample have been determined as Monoacetyl Morphine detected in the dark brown powdery substances, which is an addictive, intoxicating and narcotics substances. He further submits that from the impugned order, it would appear that the petitioner fled away from the custody of the police when he was being taken to jail from court for judicial remand.

Considering the aforementioned facts and circumstances of the case, conduct of the petitioner, criminal antecedent of the petitioner as mentioned in para-3 of the bail petition, the FSL report after chemical analysis of the seized item to be brown sugar which has been recovered from the possession of the petitioner has chemical composition of

Patna High Court CR. MISC. No.28281 of 2021(5) dt.03-02-2022 3/3 Monoacetyl morphine which is an addictive, intoxicating and narcotics substances, I am not inclined to enlarge the petitioner on bail.

Accordingly, the present bail application is rejected. The trial court is directed to conclude the trial expeditiously.

If no substantial progress takes place in the trial for considerable period of time, the petitioner, if so advised, may renew his prayer for bail.

(Purnendu Singh, J) mantreshwar/- U