Madan Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9582 of 2021 Arising Out of PS. Case No.-313 Year-2020 Thana- NAWANAGAR District- Buxar ====================================================== Madan Upadhyay S/O Jagdish Upadhayay R/O Vill. - Khairahi, P.S. - Agiaonbazar, Dist. - Bhojpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in Nawanagar Sonbarsa OP Police Station Case No. 313 of 2020 registered for the offence punishable under section 20 and other allied sections of the Narcotic Drugs and Psychotropic Substances Act, 1985.

As per the prosecution case, 30 purias of Heroine like drugs was recovered from the possession of the petitioner. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner. Mandatory provision regarding search and seizure has not been followed. Alleged recovery of heroine is less than commercial quantity and hence rigours of section 37 of the Narcotic Drugs and Psychotropic Substances Act would not be attracted against the petitioner. Petitioner claims clean antecedent. He is in custody

Patna High Court CR. MISC. No.9582 of 2021(2) dt.22-07-2021 2/2 since 7.9.2020.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties, materials available on the record and the quantity of recovery of narcotic substance, I am not inclined to grant bail to the petitioner. Petition for bail of the petitioner is rejected. However, once the charge is framed and trial is commenced, the petitioner shall be released on bail by the trial court to is own satisfaction on the condition that the petitioner will co-operate in disposal of the trial.

(Prabhat Kumar Singh, J) shashi/- U T