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Patna High CourtCR. MISC./45697/2023rejected

Om Shankar Choudhary @ Uma Choudhary @ Om Shankar Singh @ Umashankar Choudhary v. The State Of Bihar

2023-08-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45697 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== OM SHANKAR CHOUDHARY @ UMA CHOUDHARY @ OM SHANKAR SINGH @ UMASHANKAR CHOUDHARY Son of Late Suraj Narayan Choudhary R/O Village - Sonbarsa, P.S.- Nawanagar, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dimpal Kumari For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 8/20(b)(ii)(c), 22, 27(a) and 29 of the N.D.P.S. Act.

3. It is case of recovery of 29.315 Kg Ganja like substance from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that in the house of the petitioner, there are several member and renter, but it not said from where the said Ganja were recovered. Petitioner is languishing in judicial custody since 21.01.2023.

Patna High Court CR. MISC. No.45697 of 2023(3) dt.24-08-2023 2/2

5. Learned APP for the State has opposed the application for bail and submitted that petitioner is named in the FIR. He further submitted that the seized Ganja like substance, which was recovered from the possession of the petitioner comes within the purview of commercial quantity as per N.D.P.S. Act. As per FSL report, it also appears that the seized article found to be Ganja. During investigation several witnesses have also supported the prosecution case.

6. 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.

7. The trial Court is directed to conclude the trial expeditiously.

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