Lal Babu Mali v. The State Of Bihar

Patna High Court Cr.Misc. No.22764 of 2018 (4) dt.27-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22764 of 2018 Arising Out of PS.Case No. -569 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Lal Babu Mali Son of Jag Narayan Mali Resident of Village - Gausganj, P.S. Ara Nagar, District Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiv Prasad Gupta For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 27-06-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner, already in custody since 6.11.2017, seeks bail in NDPS PS Case No. 36 of 2017, Ara Town PS Case No. 569 of 2017 registered under Section 21(b) of the NDPS Act. The allegation in brief is that 80 puria of heroin weighing 8 grams was recovered from the possession of the petitioner. Submission is that the petitioner is in custody since 6.11.2017 and wrongly it has been stated in para 3 that he had no criminal antecedent.

It appears that criminal antecedent of the petitioner was called from the S.P. Bhojpur which indicates two cases under NDPS Act are registered against the petitioner including the present one, so petitioner has a criminal antecedent of similar nature. Having considered the antecedents of similar nature presently the prayer for bail of the petitioner is rejected. Snkumar/- (Arun Kumar, J) U T