Patna High CourtCR. MISC./29678/2021bail rejected

Chotu Sahni v. The State Of Bihar

2022-02-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29678 of 2021 Arising Out of PS. Case No.-326 Year-2020 Thana- BOCHAHAN District- Muzaffarpur ====================================================== CHOTU SAHNI SON OF MR. BANSH LAL SAHNI Resident of Village - Sanathi, P.S.- Bochaha, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Ms. Vaishnavi Singh, Adv.

For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act and sections 25(1-b)(a), 26 and 35 of the Arms Act. As per the prosecution case, the five accused persons who got down from the car and made an attempt to escape were caught. The petitioner was amongst the accused. It is stated that 10.2 kgs of ganja and about 1 kg. of charas besides a loaded country made pistol was recovered. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.29678 of 2021(4) dt.28-02-2022 2/2 Referring to the seizure list it is submitted that the same itself states that about 1 kg. of charas like substance was recovered from the vehicle in question. The petitioner is in custody since 4.12.2020 and has no antecedent under the NDPS Act. Heard learned A.P.P. for the State.

Inspite of the order dated 13.12.2021 and order dated 11.2.2022 calling for the FSL report, the same has not been produced.

Let the Senior Superintendent of Police, Muzaffarpur look into the matter and take appropriate steps against the Investigating Officer concerned and inform this Court about the steps taken.

Having heard learned counsel for the parties and taking into consideration the recovery of 10.2. kgs of ganja and about 1 kg of charas, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Bibhash U