Sudarshan Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31285 of 2016 Arising Out of PS.Case No. -269 Year- 2015 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sudarshan Prasad Yadav, aged 30 year, S/o Nathuni Raut Ahir, Resident of Village Bahuari, P.S.- Pokharia, District- Parsa (Nepal) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nityanand For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2016 Heard learned counsel for the parties.

The petitioner is languishing in custody since 16.11.2015 in a case registered for the offences punishable under sections 20, 22, 23, 24 of the N.D.P.S.Act.

Prosecution case is that from a bag recovered from the possession of the petitioner 4 Kg. Charas and mobile were recovered.

It is submitted by the learned counsel for the petitioner that the petitioner has falsely been implicated in this case. Statement has been made in paragraph 3 of the application that the petitioner has no criminal antecedent.

It is submitted by Mr. J.N.Thakur, learned counsel for the State, that commercial quantity of Ganja has been recovered

Patna High Court Cr.Misc. No.31285 of 2016 (3) dt.04-08-2016 from the possession of the petitioner.

Considering the commercial quantity of recovery of contraband coupled with the fact that the F.I.R. has also been registered under section 24 of the N.D.P.S.Act, hence in view of embargo under section 37 of the N.D.P.S.Act, this Court is not inclined to grant bail to the petitioner. This application is, accordingly, dismissed.

Let the trial be expedited.

(Dinesh Kumar Singh, J) Surendra/- U