Pradeep Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19361 of 2018 Arising Out of PS.Case No. -28 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pradeep Singh, Son of Dhupan Singh, resident of Village Jokiyari P.S. Raxual, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Raxaul PS case no. 28 of 2016 instituted for the offences punishable under Sections 20, 22, 23, 24 of N.D.P.S Act. The allegation is regarding recovery of 2.9 kg of charas from the petitioner herein.

The learned counsel for the petitioner submits that the seizure is vitiated since the same has been signed by the police personnel. It is further submitted that the petitioner is languishing in custody since 03.02.2016.

I have heard the learned counsel for the parties and gone through the record. I find that the commercial quantity

Patna High Court Cr.Misc. No.19361 of 2018 (6) dt.02-07-2018 2/2 under N.D.P.S. Act, 1985 for the substance charas is 1 kg. whereas recovery from the petitioner is 2.9 kg., hence this Court does not find the present case to be a fit case for grant of regular bail, especially in view of Section 37 of N.D.P.S. Act, 1985 wherein this Court, for the purposes of grant of regular bail, would have to first come to a finding of the petitioner's innocence, which is not possible at this stage. Hence, I do not find any merit in the present petition, accordingly the same is dismissed. (Mohit Kumar Shah, J) rinkee/- U T