Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 39598 of 2020 Arising Out of PS. Case No.-313 Year-2020 Thana- NAWANAGAR District- Buxar ====================================================== MUNNA SAH S/o Late Virendra Sah R/o Village- Sonvarsha, P.S.- Nawanagar (Sonbarsa), District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Nawanagar (Sonbarsa Outpost) Police Station (for brevity PS) Case No 313 of 2020 instituted for the offence punishable under Sections 20 (ii) (c), 22 (b) of Narcotic Drugs and Psychotropic Substances Act (for brevity, NDPS Act), 1985.

The prosecution alleges recovery of 20 sachets (19 grams) of heroin like intoxicating substance from the petitioner. It is submitted by the petitioner's counsel that it is a case of false implication. There is no compliance of mandatory provisions of the NDPS Act and the petitioner is in custody since 07.09.2020.

Patna High Court CR. MISC. No.39598 of 2020(4) dt.04-03-2021 2/2 The learned APP for the State has submitted that the recovery from the petitioner, as per the investigation, is more than small quantity.

Having regard to the submissions advanced by the parties, this Court, for the present, is not inclined to grant bail to the petitioner. Prayer is rejected.

(Madhuresh Prasad, J) M.E.H./- U T