Ashok Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36649 of 2020 Arising Out of PS. Case No.-325 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== Ashok Sah S/O - Mohan Sah, Resident of Village - Balua Rampurawa, P.S. - Bairiya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2021 Heard the learned counsel for the petitioner and Mr. Raj Kishore Singh, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Bairiya P.S. Case No. 325 of 2019 for the offence punishable under Sections 20/22/23/24/25/27A/29 of the N.D.P.S. Act. The allegation is regarding recovery of 1 Kg. Charas from the possession of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 25.10.2019. Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by

Patna High Court CR. MISC. No.36649 of 2020(2) dt.01-02-2021 2/2 the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the materials available on record as also the stringent provisions as contained in Section 37 of the N.D.P.S. Act, 1985, apart from the fact that the petitioner is having criminal antecedent, I do not find any merit in the present petition, hence, the same stands dismissed. (Mohit Kumar Shah, J) Tiwary/- U T