Sabhapati Yadav @ Master Yadav @ Master v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39437 of 2016 Arising Out of PS.Case No. -325 Year- 2002 Thana -BUXAR District- BUXAR ====================================================== Sabhapati Yadav @ Master Yadav @ Master, son of Sitaram Yadav, resident of Village-Budhanpurwan, Buxar, P.S.-Buxar(T), District-Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Siddharth Harsh For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-09-2016 The petitioner is languishing in custody since 23.03.2016 in a case registered for the offences punishable under Sections 20, 21, 25, 27(A), 29 of the N.D.P.S. Act and Section 47(a) of the Excise Act.

The prosecution case is that on the basis of secret information the house of the petitioner was raided leading to seizure of 550 gms of heroin, weighing equipment of small quantity, cash of Rs. 520 underneath the bed of the petitioner from the bed kept in a bag and from a air bag two packets of Ganja weighing 3 Kg were recovered. The wife and son of the petitioner stated that the trade of heroin is being conducted by the petitioner.

It is submitted by learned counsel for the petitioner that recovery has been made from the joint family house.

A statement has been made in para 3 of the

Patna High Court Cr.Misc. No.39437 of 2016 (2) dt.09-09-2016 2/2 petition that petitioner has no criminal antecedent. It is further submitted that co-accused have been acquitted by the Division Bench of this Court vide judgment dated 14.02.2007 passed in Cr. Appeal No. 249 of 2004(DB).

Miss Shahin Begum, learned counsel for the State submits that recovery is of commercial quantity. Considering the fact that the case was registered in 2002 and petitioner has been arrested in 2016, coupled with the fact that recovery of heroin is of commercial quantity and in view of the embargo under Section 37 of the Act, this Court is not inclined to grant bail to the petitioner. The application stands dismissed in connection with N.D.P.S. Case No. 36A of 2002, arising out of Buxar (T) P.S. Case No. 325 of 2002, pending in the Court of learned Additional District & Sessions Judge, 1st, Buxar. Learned Court below is expected to expedite the trial.

(Dinesh Kumar Singh, J) Shageer/- U T