Raju Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44701 of 2023 Arising Out of PS. Case No.-12 Year-2021 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Patna ====================================================== Raju Prasad S/O Mahendra Prasad R/O Village- Chandmari Road, Gali Surya Path, Ps. Kankarbagh, Dist. Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

NCB Through Union Of India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8(c) read with 21(c), 25, 29 of N.D.P.S. Act.

It is a case of recovery of 710 grams of Morphine from the house of co-accused Mithilesh Kumar. Petitioner along with other co-accused persons were alleged to be apprehended on spot.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.44701 of 2023(6) dt.28-11-2023 2/2 implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. Moreover, the Petitioner is in judicial custody since 3.6.2021.

In contra, learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that the recovered contraband Morphine is more than commercial quantity as per N.D.P.S. Act and the petitioner was apprehended on spot.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Learned trial court is directed to expedite the trial and conclude the same within a period of nine months. (Sunil Kumar Panwar, J) Nirajkrs/- U T