Patna High CourtCR. MISC./41390/2024rejected

Bedu Chaudhary @Sanjay @Sanjay Kumar Chaudhary v. The State Of Bihar

2024-08-02Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41390 of 2024 Arising Out of PS. Case No.-208 Year-2023 Thana- BUXAR District- Buxar ====================================================== Bedu Chaudhary @Sanjay @Sanjay Kumar Chaudhary S/O Late Madan Chaudhary Resident of Village/Mohalla Shanti Nagar P.S. Buxar (Town) District Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shree Kant Pandey, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-08-2024 Heard Mr. Shree Kant Pandey, learned counsel for the petitioner and Mr. Bharat Bhushan, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 30.03.2024, in connection with Pre-Trial N.D.P.S. Case No. BRBU10P007892023 (A) arising out of Buxar (Town) P.S. Case No. 208 of 2023 split up record of N.D.P.S. Case No. 43 of 2023, FIR dated 17.04.2023 for the offences punishable under Sections 21, 22 and 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. As per the prosecution case, total 6.97 gram of Heroine was recovered from the possession of co-accused person, namely, Ravi Sah & Roshan Sah who disclosed that the petitioner has supplied the said Heroine to him.

Patna High Court CR. MISC. No.41390 of 2024(3) dt.02-08-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the FIR that nothing has been recovered from the possession of the petitioner rather petitioner has been made accused in this case merely on the basis of the confessional statement of the coaccused person, namely, Ravi Sah @ Roshan Sah. He further submits that it appears from the FIR that recovery has been made from the possession of the co-accused person, namely, Ravi Sah @ Roshan Sah. The petitioner is rotting in judicial custody since 30.03.2024.

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that although recovery has been made from the possession of other co-accused person but the petitioner involved in the present crime in question apart from that the petitioner carries three more cases of the NDPS matter other than the present one.

6. Considering the fact that the criminal antecedents of the petitioner suggest that he is involved in the N.D.P.S. matters, I am not inclined to enlarge the petitioner on bail in connection with Pre-Trial N.D.P.S. Case No.

Patna High Court CR. MISC. No.41390 of 2024(3) dt.02-08-2024 3/3 BRBU10P007892023 (A) arising out of Buxar (Town) P.S. Case No. 208 of 2023 split up record of N.D.P.S. Case No. 43 of 2023 pending in the Court of learned District Judge-Cum-Special Court, N.D.P.S. Act, Buxar.

7. Prayer is refused.

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