Patna High CourtCR. MISC./29963/2020bail rejected

Godhan Kumar v. The State Of Bihar

2021-01-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29963 of 2020 Arising Out of PS. Case No.-146 Year-2020 Thana- HAJIPUR District- Vaishali ====================================================== GODHAN KUMAR S/O Munarik Rai @ Munarik Ray Resident of Village - Noonphar Gudari Bazar, P.S. - Hajipur Town, District - Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vasant Vikas, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in Hajipur Town Police Station Case No. 146 of 2020 registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act and sections 20/22 of the NDPS Act. As per FIR, 10 bottles of 375 ml each foreign liquor was recovered from the bag of the petitioner, whereas 20 small pouches of smack like substance were recovered from the pocket of his pant.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that no incriminating material has been recovered from the conscious possession of the petitioner. Quantity of alleged smack has not been weighed. The

Patna High Court CR. MISC. No.29963 of 2020(3) dt.08-01-2021 2/2 mandatory provision of law for search and seizure given under section 100 Cr.P.C. has not been followed. Petitioner has got no criminal antecedent and he is in custody since 12.2.2020. Learned counsel for the State submits that illicit liquor and the contraband substance have been recovered from the petitioner, as such, the petitioner does not deserve bail. In view of the nature and gravity of the allegation, prayer for bail of the petitioner is refused. (Prabhat Kumar Singh, J) Shashi U T