Deepak Kumar v. The Union Of India.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52286 of 2021 Arising Out of PS. Case No.-156 Year-2021 Thana- KOTWA District- East Champaran ====================================================== Deepak Kumar Son of Jagdish Sah Resident of Village - Kotwa, P.S. - Kotwa, District - East Champaran.

... ... Petitioner/s

Versus

1.

The Union of India.

2.

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Kotwa P.S. Case No. 156 of 2021, registered for the offence under Sections 399 / 402 of the Indian Penal Code, Sections 25(1-b)a / 26 of the Arms Act and Sections 8 / 20(b)(ii)(c) of the N.D.P.S. Act. On a secret information, a raid was conducted and four persons including this petitioner were apprehended and on search, one loaded country-made pistol, one live cartridge and 1000 gms. of Charas were recovered.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner and petitioner has been falsely implicated in this case as per instance of local police. It is further submitted that no Charas or

Patna High Court CR. MISC. No.52286 of 2021(2) dt.30-11-2021 2/2 any narcotic drug has been recovered from the possession of the petitioner and petitioner is in custody since 15.06.2021. However, learned A.P.P. for the State opposed the bail petition and submitted that commercial quantity of Charas has been recovered from the possession of petitioner. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J.) anay U T