Baliram Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40517 of 2022 Arising Out of PS. Case No.-99 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== Baliram Chaudhary Son of Ram Dayal Chaudhary Resident of Ward No.- 3, Pasi Tola, Jagdishpur, P.S.- Jagdishpur, District - Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offence punishable under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

As per prosecution case, 101 sachet of heroin and Rs. 76,500/- cash was recovered from one FIR named co-accused Kanhaiya Kumar.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. It is further submitted that name of the petitioner transpired during the course of investigation.

Patna High Court CR. MISC. No.40517 of 2022(2) dt.28-11-2022 2/2 Learned counsel for the State opposes the prayer for bail application submitting that 101 sachet of heroin recovered from co-accused and petitioner has got one similar criminal antecedent.

Considering the aforesaid facts, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) navya/- U T