Nand Kishor Kumar @ Nand Kishor Yadav @ Natraz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40057 of 2022 Arising Out of PS. Case No.-264 Year-2021 Thana- NAUGACHIA District- Bhagalpur ====================================================== NAND KISHOR KUMAR @ NAND KISHOR YADAV @ NATRAZ S/o Kranti Yadav R/o village- Jurabganj, P.S.- Kodha, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anup Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2023 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 413, 414 and 34 of the Indian Penal Code and sections 20 and 22 of the N.D.P.S. Act.
As per the prosecution case, on a search of vehicles being conducted, it is stated that while 1.3 kgs of ganja was recovered from the possession of the co-accused, 15 purias of smack besides other articles as mentioned in the F.I.R. was recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. The weight of the narcotic allegedly recovered has not been
Patna High Court CR. MISC. No.40057 of 2022(3) dt.20-01-2023 2/2 given nor is there any F.S.L. report. The petitioner is in custody since 1.7.2021 and co-accused Sudama has been enlarged on bail vide order dated 3.8.2022 passed in Cr. Misc. no.23032 of 2022.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the antecedents of the petitioner together with the recovery of 15 purias of smack from the possession of the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T