Abhishek Keshri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20413 of 2020 Arising Out of PS. Case No.-43 Year-2020 Thana- KOTWALI District- Patna ====================================================== Abhishek Keshri Son of Late Sudhir Prasad Keshri Resident of Nahar Par Mithapur, P.S. - Jakkanpur, District and Town- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Kotwali P.S. Case No. 43 of 2020 corresponding to special case no. 497 of 2020 for the offence under sections 30(a), 36(1) (2) of Bihar Prohibition and Excise Act, 2016 and Section 8©, 21(a), 15 of NDPS Act, 1985.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He has further submits that contrary to the mandatory provision of the Narcotic Drugs and Psychotropic Substances Act the petitioner has been made accused in the instant case. Neither mandatory provision of narcotic Act for the preparation of seizure list nor the prescribed norms as to the witnesses was followed in the present

Patna High Court CR. MISC. No.20413 of 2020(5) dt.22-01-2021 2/2 case.

The petitioner is in custody since 13.1.2020. Considering the fact that the petitioner has no criminal antecedent and he has remained in custody for more than one year, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 1,00,000/- (One lakh) with two sureties of the like amount each to the satisfaction of learned Special Court of Excise, Patna, in connection with Kotwali P.S. Case No. 43 of 2020 corresponding to special case no. 497 of 2020 subject to the condition that the petitioner shall deposit Rs. 1,00,000/- (One Lakh) cash in the court below and the amount of Rs. 1,000,00/- (One Lakh) cash deposited by the petitioner shall abide by final outcome of the pending criminal case. (Anil Kumar Upadhyay, J) Ravi/- U T