Manoj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50225 of 2016 Arising Out of PS.Case No. -307 Year- 2016 Thana -GAYA KOTWALI District- GAYA ======================================================

1. Manoj Kumar, son of Shatrughan Prasad, resident of Village- Naugarh, Chakand Railway Station, P.O.- Gaya, P.S.- Chandauti, District- Gaya.

2. Rohit Kumar son of Late Umesh Prasad, resident of Mohalla- Station Road Murli Hill, P.S.- Kotwali, P.O.- Gaya, District- Gaya. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sourendra Pandey For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-12-2016 Heard Sri Rajesh Kumar Mishra, learned counsel for the petitioners and Sri Bharat Lal, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody in Kotwali (Gaya) P.S. Case No.307/2016 registered for the offence under Sections 17, 18, 21, 22 of the N.D.P.S. Act, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that recovered article is said to be Heroin weighing 58.05gms. According to learned counsel for the petitioner, recovered Heroin is much lesser than the commercial quantity. However, he accepts that it is above than the smaller quantity.

Patna High Court Cr.Misc. No.50225 of 2016 (2) dt.22-12-2016 2/2 Learned Addl. Public Prosecutor has opposed the prayer for bail. He submits that the period of custody is very lesser. He submits that the petitioner is in custody only since 11.09.2016.

Considering the facts and circumstances, particularly the recovered Heroin is above than the smaller quantity, at present, I am not inclined to extend the privilege of bail. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U T