Patna High CourtCR. MISC./53009/2021rejected

Ritesh Kumar Singh v. The State Of Bihar

2022-05-17Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53009 of 2021 Arising Out of PS. Case No.-412 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Ritesh Kumar Singh Son Of Late Ram Sanyog Singh R/O Village- Chaturi Punas, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Parasmani For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 20/22 of N.D.P.S. Act and Section 30(a), 36 of the Bihar Prohibition and Excise Act. According to prosecution case, 40 puria of Smack and one mobile of Samsung company have been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the

Patna High Court CR. MISC. No.53009 of 2021(3) dt.17-05-2022 2/2 present case. He further submits that petitioner was picked up by police without any reason on 24.06.2021 and it appears from the F.I.R. that wait is not mentioned of the recovered articles. He further submits that similarly situated, co-accused person has been granted bail by a co-ordinate Bench of this Court. The petitioner is in custody since 27.06.2021.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the F.S.L. report confirmed that the seized Morphine is Heroin and petitioner carries three criminal antecedents other than the present one.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Ahiyapur P.S. Case No. 412 of 2021 pending in the court of learned Special Judge, Excise Act, Muzaffarpur.

Prayer is refused.

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