Patna High CourtCR. MISC./49936/2021bail rejected

Raj Kumar @ Raj Kumar Sah v. The State Of Bihar

2022-04-01Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49936 of 2021 Arising Out of PS. Case No.-141 Year-2021 Thana- SAMASTIPUR District- Samastipur ====================================================== RAJ KUMAR @ RAJ KUMAR SAH S/O LATE GUDRI SAH R/o villageChakdindayal, Sari, P.S.- Warisnagar, District- Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Shankar Singh, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-04-2022 Heard Mr. Abhay Shankar Singh, learned counsel for the petitioner and Mr. Ajit Kumar, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Samastipur Town PS Case No. 141/2021 registered for the offence punishable under Sections 8 and 20 of the NDPS Act. 200 Grams of Ganja and 08 Grams of smack have been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and at the time of search and seizure, procedure prescribed under Sections 42 and 50 of the NDPS Act was not followed. Learned counsel further submits that the petitioner has got no criminal antecedent and he is in custody since 12.07.2021.

Patna High Court CR. MISC. No.49936 of 2021(2) dt.01-04-2022 2/2 Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the smack recovered from the possession of the petitioner is more than the small quantity and accordingly, I am not inclined to grant regular bail to the petitioner at this stage. The same is, hereby, rejected.

However, the petitioner, if so advised, may renew his prayer for bail after nine months from today if the trial does not record any substantial progress.

(Anil Kumar Sinha, J) perwez U T