Ajay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40454 of 2020 Arising Out of PS. Case No.-90 Year-2020 Thana- KOTWA District- East Champaran ====================================================== Ajay Ram son of Mahesh Ram Resident of Village- Kotwa Vriti Tola, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

23-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in N.D.P.S. Case No. 19 of 2020, arising out of Kotwa P.S. Case No. 90 of 2020, registered for the offence under Sections 15(c), 18(B), 21(c), 20, 22 of N.D.P.S. Act.

As per the prosecution case, 6.8 kg of Doda (Poppy Straw) has been recovered from the Tea shop of the petitioner. It is submitted on behalf of petitioner that petitioner is innocent and nothing has been recovered from possession of the petitioner. Mandatory provision under Section 100 Cr.P.C. has not been followed with regard to search & seizure and the alleged recovered Doda is much below the commercial quantity. Petitioner has got clean antecedent and he is in custody since 28.03.2020.

Patna High Court CR. MISC. No.40454 of 2020(3) dt.23-03-2021 2/2 Considering the aforesaid facts & circumstances, period of custody and quantity of recovered Doda (Poppy Straw), the bail application of petitioner is rejected. However, the learned Trial court is directed to conclude the trial as early as possible.

(Prabhat Kumar Singh, J.) anay U T