Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41392 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- IMAMGANJ District- Gaya ====================================================== Deepak Kumar S/O Ganauri Yadav R/O Village- Tanku Jori, P.S.- Jori, District- Chatra (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Prasad Singh, Sr. Adv For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 8/17(C)/18(C) of the N.D.P.S. Act.

There is recovery of 5.222 Kgs of opium in liquid form from the dickey of the motorcycle of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was arrested by the police on mere suspicion and falsely recovery was

Patna High Court CR. MISC. No.41392 of 2022(7) dt.03-07-2023 2/3 shown to create present false case after taking signature on plain paper. It is further submitted that seizure and search is in complete violation of Section 100 of the Cr.P.C and the seizure list witnesses are police constables who are bound to support the informant. The petitioner is languishing in custody since 02.03.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that 5.222 Kgs of opium in liquid form was recovered from the possession of the petitioner which is within the commercial quantity under NDPS Act.

Considering the quantity of recovery of opium from the possession of the petitioner, this Court is not inclined to grant bail to the petitioner for the present. The prayer for grant of bail to the petitioner stands rejected.

Patna High Court CR. MISC. No.41392 of 2022(7) dt.03-07-2023 3/3 The trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T