Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40481 of 2020 Arising Out of PS. Case No.-222 Year-2020 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== UMESH KUMAR Son of Kunwar Sah Resident of Village - Dadar, P.S.- Mohania, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Khursid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Durgawati P.S. Case No. 222 of 2020 (NDPS Case No. 29 of 2020), registered for the offence punishable under Sections 8/20(b)(ii)(c)/22 and 27(A) of the NDPS Act.

As per the prosecution case, 05 K.G. of Ganja has been recovered from possession of this petitioner. It is submitted on behalf of the petitioner that quantity of recovered Ganja is less than the commercial quantity and petitioner has got clean antecedent, as stated in para 3 of the petition. Petitioner is in custody since 24.08.2020. Learned APP however, vehemently opposed the prayer for bail and submitted that during course of investigation

Patna High Court CR. MISC. No.40481 of 2020(3) dt.23-03-2021 2/2 it has come that petitioner is an active member of the Gang and involved in trafficking of illicit narcotics drugs. Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T