Patna High CourtCR. MISC./28446/2020bail rejected

Sanjay Kumar Sah v. The State Of Bihar

2021-01-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28446 of 2020 Arising Out of PS. Case No.-36 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== SANJAY KUMAR SAH Son of Ram Prit Sah @ Ram Priti Sah @ Ram Priti Priti Sah Resident of Village- Korahia, Ward No.13, Police Station- Jainagar, District- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-01-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 07.03.2020 in connection with Raj Nagar P.S. Case No. 36/2020 registered for the offence punishable under Sections 414/120(B) of the Indian Penal Code and Section 20 of the NDPS Act.

As per the prosecution case, while the petitioner was returning from his appearance in the Court of learned Additional Chief Judicial Magistrate, Madhubani, in connection with Khajauli P.S. Case No. 131/19, on search, 46 packets of sedative tablets were recovered from the pocket of his jacket while entering into the jail.

It is submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.28446 of 2020(3) dt.11-01-2021 2/2 petitioner has been falsely implicated in this case by the informant without ascertaining as to whether recovered tables were psychotropic substance. Petitioner is in custody since 07.03.2020.

However, learned Additional Public Prosecutor for the State has vehemently opposed the bail application and submitted that 46 sedative tablets have been recovered from the pocket of the petitioner.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to this petitioner. It is, accordingly, rejected.

(Prabhat Kumar Singh, J) Saif/- U T