Abhinash Kumar @ Avinash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35246 of 2021 Arising Out of PS. Case No.-852 Year-2020 Thana- BIHTA District- Patna ====================================================== Abhinash Kumar @ Avinash Kumar Singh Son of Anil Sharma Resident of Village - Sohra, P.S.- Naubatpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-01-2022 Heard both parties through video conferencing. The petitioner seeks bail in Bihta P.S. Case No. 852 of 2020, registered for the offence punishable under Sections 5(c), 21(c), 25 and 29 of the NDPS Act.

As per the prosecution case, 23 packets of Smack has been recovered from possession of this petitioner. It is submitted on behalf of the petitioner that weight of the recovered Smack was not taken and the FSL report of the alleged Smack has not been procured as yet. Informant is private person who is none else than neighbour of petitioner and due to rivalry he has been made accused in this case in collusion with the police. Mandatory provision of search and seizure has not been followed and petitioner is in custody since 28.11.2020. Learned APP however, vehemently opposed the

Patna High Court CR. MISC. No.35246 of 2021(3) dt.25-01-2022 2/2 prayer for bail and submitted that huge quantity of narcotic substance has been recovered from possession of this petitioner. Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T