Guljari Prasad Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51905 of 2021 Arising Out of PS. Case No.-61 Year-2021 Thana- SARSI District- Purnia ====================================================== Guljari Prasad Sinha Son Of Thakur Prasad Lal Resident Of Village- Sarshi, P.S.- Sarshi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K.Agrawal, Sr.Adv.

: Mr.Manish Kumar, Adv For the Opposite Party/s :

Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

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

The petitioner seeks bail in a case registered for the offence under Sections 8(C), 21(B),22(B) of N.D.P.S. Act. On search, 49 puriya containing 7.28 Grams of Brown Sugar/Smack (Heroine) and cash of Rs.4300/- was recovered from possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that in fact nothing has

Patna High Court CR. MISC. No.51905 of 2021(5) dt.16-05-2022 2/2 been recovered from conscious possession of the petitioner and the petitioner is in custody since 09.06.2021. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that it appears from the FIR as well as seizure list that Brown Sugar/Smack (Heroine) has been recovered from possession of the petitioner and FSL Report also confirms that the recovered substance is narcotic substance. Vide order dated 18.04.2022, a report with regard to the stage of the trial was called for. Report reveals that out of five witnesses, three witnesses have already been examined. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Sarshi P.S.Case No.61 of 2021 pending in the court of learned Special Judge, Purnea.

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial.

(Rajesh Kumar Verma, J) Nitesh/- U T