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Patna High CourtCR. MISC./45915/2016rejected

Anuj Kumar v. The State Of Bihar

2017-01-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45915 of 2016 ======================================================

1. Anuj Kumar son of Ram Adhar Sah resident of village - Gurmia, P.S. - Ghorasahan, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The application is for grant of bail in connection with NDPS case no. 42 of 2016 for the offence under Sections 47(a) Excise Act and 20(b) of NDPS Act.

It is submitted on behalf of petitioner that from perusal of seizure list, it appears that seizure is not from the shop of the petitioner rather it is from an open place and petitioner has been implicated in this case due to enmity.

Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail stating that seizure list itself shows that recovery is from behind the pan shop of the petitioner and apart from that, 500 gms charas has also been recovered. Having heard both sides. In view of recovery of

Patna High Court Cr.Misc. No.45915 of 2016 (3) dt.18-01-2017 2/2 500 gms of charas in this case and that too behind the pan shop of the petitioner, I am not inclined to grant bail to the petitioner. As such, his prayer for bail rejected at this stage. (Vinod Kumar Sinha, J.) rinkee/- U T