Arun Rishideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36281 of 2016 Arising Out of PS.Case No. -56 Year- 2016 Thana -JOGBANI District- ARRARIA ======================================================

1. Arun Rishideo, Son of Rasanu Rishideo, resident of village- Ukharkatta, Ward No.1, P.S. Laxhminiya, District-Morang Nepal. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 06.05.2016 in a case registered for the offences punishable under Sections 22 and 23 of the Narcotics Drugs and Psychotropic Substances Act.

The prosecution case is that from the possession of the petitioner two packets of heroin each containing 450 gm., total weighing 900 gm. were recovered.

It is submitted by the learned counsel for the petitioner that petitioner has been falsely implicated in the present case. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. The F.S.L. report is still not on record.

Considering the commercial quantity of

Patna High Court Cr.Misc. No.36281 of 2016 (2) dt.30-08-2016 recovery, this Court is not inclined to grant bail to the petitioner in connection with Jogbani P.S. Case No. 56 of 2016, pending in the Court of learned Sessions Judge-cumSpecial Judge, Araria. Accordingly, the bail application is dismissed. However, the petitioner will have liberty to renew his prayer for bail if F.S.L. report does not suggest that recovered contraband is not heroin. (Dinesh Kumar Singh, J) P.K./- U T