Nitish Yadav @ Nitish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31579 of 2021 Arising Out of PS. Case No.-248 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== NITISH YADAV @ NITISH KUMAR YADAV S/o Krishna Prasad Yadav Resident of Village- Belokala Ward No.01, P.S.- Murliganj, DistrictMadhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 26-04-2022 The applicant/accused in Crime No. 248 of 2020 registered with Murliganj Police Station (N.D.P.S. Case No. 11/ 2020) for the offences punishable under Sections 20, 22 of the N.D.P.S. Act by this application is seeking his release on bail during pendency of the trial.

Heard both sides.

The FIR came to be lodged by police on 15.08.2020 and according to the prosecution case, police party raided house of the applicant and found that 80 kg. of Ganja was stored in a box kept under the cot. That Ganja came to be seized vide effecting seizure memo in presence of Panch witnesses.

The learned counsel for the applicant argued that

Patna High Court CR. MISC. No.31579 of 2021(7) dt.26-04-2022 2/2 there is no C.A. report to substantiate the case of the prosecution. However, the learned Additional Public Prosecutor has placed on record the report of chemical analysis of the seized contraband and it shows that the samples seized from the house of the applicant tested positive for Ganja a narcotic substance. The seizure is that of commercial quantity.

In this view of the matter, no case for grant of bail is made out. The application is rejected.

(A. M. Badar, J) shahzad/- U T