Patna High CourtCR. MISC./38317/2021rejected

Raj Kumar Yadav v. The State Of Bihar

2022-05-16Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38317 of 2021 Arising Out of PS. Case No.-573 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== RAJ KUMAR YADAV Son of Kallu Yadav Resident of Village- Gerabari Naya Tola Jurabganj, P.S.- Kodha, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra, Adv For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in these applications. The petitioner seeks bail in a case registered for the offence under Sections 20/22 of N.D.P.S. Act. On search, one packet of Charas weighing about 500 Grams was recovered from possession of the petitioner. Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that it appears from the FIR that one packet of Charas weighing about 500 Grams was recovered from possession of the petitioner. He further submits

Patna High Court CR. MISC. No.38317 of 2021(7) dt.16-05-2022 2/2 that the Forensic Science Laboratory has not received till date whether recovered material is Charas or not. Petitioner is in custody since 17.10.2020.

Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the FSL Report confirms that the recovered substance is Charas and the petitioner was in illegal business of narcotic substance and the recovered substance is 500 Gms which is more than small quantity.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Kodha P.S.Case No.573 of 2020 pending in the court of learned Special Judge, Muzaffarpur.

Prayer is refused.

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