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Patna High CourtCR. MISC./37840/2016rejected

Gurudeep Singh @ Gurdeep Singh v. State Of Bihar And ANR

2017-02-23Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37840 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Gurudeep Singh @ Gurdeep Singh Son of Ramdhari Bhagat

2. Motilal Sharma Son of Late Ganga Sharma Both are resident of village - Auraj, P.S. Puraini, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Suresh Sharma Son of Bujan Sharma Resident of Auraya ( Lali Tola ), P.S. Puraini, District Madhepura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Shail Kumari, CGC. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner as well as learned APP for the State.

2 Kilograms of Doda, an opium derivative, has been alleged to be recovered.

On earlier occasion, there was controversy with regard to identification of Doda, which till then, was not clarified and on account thereof, the matter has been placed under the heading 'for admission'.

Learned counsel for the petitioner placed a paper having been downloaded from a site namely, Competent Authority & Administrator, wherein at Serial No. 110 (Doda Posth Bhuki) popularly known as Poppy straw finds place and for that 1000 Gms has been shown as small quantity while 50 Kilograms as

Patna High Court Cr.Misc. No.37840 of 2016 (9) dt.23-02-2017 commercial quantity.

Certainly, recovery happens to be more than small quantity and on account thereof, prayer for bail is rejected. (Aditya Kumar Trivedi, J) perwez U T