Patna High Court/34931/2021bail rejected

Ajeet Kumar v. The State Of Bihar

2021-09-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34931 of 2021 Arising Out of PS. Case No.-560 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== Ajeet Kumar Son of Ram Naresh Rai Resident of Village - Manua, P.S.- Sadar Hajipur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Bhardwaj For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

07-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Paroo P.S. Case No. 560 of 2020, registered for the offence under Sections 20 / 22 of the N.D.P.S. Act.

As per prosecution case, 425 gm. of Charas has been recovered from the possession of the petitioner. It is submitted on behalf of petitioner that no incriminating article has been recovered from the possession of the petitioner. The alleged recovered Charas is less than the commercial quantity and as such, rigors of Section 37 of the N.D.P.S. Act would not be attracted against this petitioner. Mandatory provision with regard to search and seizure has not been followed. Petitioner is in custody since 10.10.2020. Investigation is complete.

Patna High Court CR. MISC. No.34931 of 2021(2) dt.07-09-2021 2/2 However, learned A.P.P. for the State has opposed the bail petition and submitted that in this case, huge quantity of Charas has been recovered from the possession of the petitioner. Considering the nature of allegation and recovery of alleged Charas, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court on its own satisfaction and on the condition that he will cooperate in disposal of trial and appear before the trial court, as and when required.

(Prabhat Kumar Singh, J.) anay U T