Patna High CourtCR. MISC./32153/2020dismissed

Raj Kumar Sharma v. The State Of Bihar

2021-01-25Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32153 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- HULASGANJ DistrictJehanabad ====================================================== Raj Kumar Sharma S/o Awadhesh Sharma Resident of Village-Kewala, P.S.-Hulashganj, District-Jehanabad.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jharkhandi Upadhyay, Advocate For the State :

Mr. J.K. Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 27.02.2020 in connection with N.D.P.S. Case No. 03 of 2020 arising out of Hulashganj P.S. Case No. 41 of 2020 for the offences alleged under Sections 20/22 of the N.D.P.S. Act.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of one kilogram ganja from the petitioner. It is submitted that the petitioner has already suffered almost 11 months in custody.

Patna High Court CR. MISC. No.32153 of 2020(3) dt.25-01-2021 2/2

4. Learned APP, on the other hand, appears and opposes the petition, submitting that the petitioner has been made accused in two prior cases of similar nature which shows that he is a habitual offender.

5. Having regard to the nature of accusations and the gravity of the offence alleged, this Court is not inclined to grant the privilege of bail to the petitioner. The petition stands dismissed.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- U T