Shravan Kahar @ Banti @ Shravan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32311 of 2020 Arising Out of PS. Case No.-249 Year-2016 Thana- KADAMKUAN District- Patna ====================================================== SHRAVAN KAHAR @ BANTI @ SHRAVAN RAM Son of Sagar Ram @ Sagar Rai Resident of Village- Samsipur, P.S.- Pandarak, District- Patna. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Makardhwaj Upadhyay, Advocate For the Opposite Party :
Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-12-2020 Heard Mr. Makardhwaj Upadhyay, learned counsel appearing on behalf of the petitioners and Mr. Binod Kumar No.3, learned Additional Public Prosecutor, for the State of Bihar.
This application for grant of regular bail arises out of Special Case No. 29 of 2016 (arising out of Kadamkuan P.S. Case No. 249 of 2016, registered for the offence punishable under Section 2/22 of the N.D.P.S. Act.
Allegedly, from the petitioner's possession 500 gms. of charas was recovered.
Learned counsel appearing on behalf of the petitioner has submitted that there has been no compliance of the mandatory provisions relating to search and seizure under the provisions of the Act.
Considering the seriousness of the offence and the
Patna High Court CR. MISC. No.32311 of 2020(2) dt.08-12-2020 2/3 fact that the petitioner has criminal background, as disclosed in paragraph 3 of the application, which reads as under : "Kadamkuan P.S. Case No. 259 of 2014, u/s 395, 397 IPC and 25(10b)a/26/35 Arms Act, Kadamkuan P.S. Case No. 382/10 u/s 302/34 IPC and 3⁄4 Explosive Substance Act and Kadamkuan P.S. Case No. 350/12 u/s 302, 120B/34 IPC", I am not inclined to grant the petitioner privilege of regular bail for the present. This application is accordingly rejected.
It is directed that the defect(s) in the application, pointed out by the Registry, must be removed within two months.
Since COVID-19 pandemic situation is prevailing, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall
Patna High Court CR. MISC. No.32311 of 2020(2) dt.08-12-2020 3/3 be preserved in my residential-office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.
(Chakradhari Sharan Singh, J) Pawan/- U T