Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30471 of 2021 Arising Out of PS. Case No.-456 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== PAPPU KUMAR Son of Late Ram Chandra Paswan Resident of Village - Barkurba, P.S.- Kudhani (O.P. Turki), District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Anand, Adv.
For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-12-2021 Heard Mr. Chandra Shekhar Anand, learned counsel for the petitioner and Mr. Akshay Lal Pandit, Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with NDPS PS Case No. 59/2020 arising out of Kurhani PS Case No.456/2020 registered for the offence punishable under Section 8, 20, 22 of the NDPS Act.
The allegation against the petitioner, as per First Information Report, is that 1 Kilogram of Charas has been recovered from possession of the petitioner.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. He further submits that the procedure prescribed under Section 50 of the NDPS Act has not been adhered to at the time of search and seizure. Learned counsel next submits that without
Patna High Court CR. MISC. No.30471 of 2021(2) dt.08-12-2021 2/2 chemical analysis the allegation has been made against the petitioner that Charas has been recovered from his possession. Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that 1 Kilogram of Charas has been recovered from the possession of the petitioner which is a commercial quantity and the petitioner has been arrested on the spot, I am not inclined to grant regular bail to the petitioner. The prayer for bail is, hereby, rejected.
(Anil Kumar Sinha, J) perwez U T