Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27821 of 2022 Arising Out of PS. Case No.-788 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Dheeraj Kumar Son Of Late Surendra Sahni Resident Of Village- Dadar , P.SAhiyapur , Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 8(c)/21(b) and 50 of the N.D.P.S. Act.

Recovery is of 20 gm heroine from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that as per the F.I.R., altogether 44 sachets of smack around 20 gm have been

Patna High Court CR. MISC. No.27821 of 2022(3) dt.26-09-2022 2/2 recovered from the pocket of the petitioner and the 20 gm of smack is more than the small quantity and less than the commercial quantity. The petitioner is in custody since 12.11.2021.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner, on the basis of record and the F.S.L. report, submits that the F.S.L. report confirms that the recovered contraband is heroine. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Ahiyapur P.S. Case No. 788 of 2021 pending in the court of learned Sessions Judge cum Special Judge (N.D.P.S. Act), Muzaffarpur. Prayer is refused.

(Rajesh Kumar Verma, J) vanisha/- U T