Sonu Kumar @ Golu @ Chamuta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38179 of 2020 Arising Out of PS. Case No.-434 Year-2020 Thana- HAJIPUR District- Vaishali ====================================================== Sonu Kumar @ Golu @ Chaputa S/o Umesh Singh @ Umesh Prasad Singh R/o Village - Naurangabad (Dighi Ward No. 14), P.S. - Hajipur Sadar, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Hajipur Town P.S. Case No. 434 of 2020, registered for the offence punishable under Sections 399/402 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act and sections 20, 22, 23, 24, 27, 27(A) of the NDPS Act.

As per the prosecution case, 500 gms of Charas has been recovered from possession of the petitioner. It is submitted on behalf of the petitioner that nothing

Patna High Court CR. MISC. No.38179 of 2020(8) dt.12-07-2021 2/2 has been recovered from possession of this petitioner. Mandatory provision of search and seizure has not been complied with and the alleged recovered quantity of Charas is less than the commercial quantity, as such rigorous of Section 37 of the NDPS Act, would not be attracted. There is no allegation of tampering with the evidence against this petitioner. Petitioner has got criminal antecedent of different nature and he is in custody since 05.07.2020.

Learned APP however, vehemently opposed the prayer for bail.

Considering the nature of allegation and criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

However, once charge has been framed and trial is commenced, the petitioner shall be released on bail by the learned trial court on its own satisfaction and on the condition that petitioner will cooperate in disposal of trial and appear before the court, as and when required.

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