Patna High CourtCR. MISC./50202/2023rejected

Vinodh Dhanuk v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50202 of 2023 Arising Out of PS. Case No.-04 Year-2022 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Bhojpur ====================================================== VINODH DHANUK SON OF SH. KISHUN DHANUK R/O-SHAHPUR, P.S.-SHAHPUR, WARD NO. 10, DISTT.-BHOJPUR (ARA), BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

NARCOTICS CONTROL BUREAU THROUGH THE INTELLIGENCE OFFICER ZONAL UNIT, PATNA, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv.

For the State :

Mr. Kumar Veerendra Narayan, APP For the N.C.B.

Mr. Awadhesh Kumar Pandey, Sr. C.G.C with Mr. Rakesh Kumar Sinha, C.G.C. and Mr. Lokesh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the U.O.I.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 8(c), 21(c), 25, 28, 29 and 35 of the N.D.P.S. Act.

3. It is case of recovery of 380 Gm of Heroine/smack like substance from the cow shed of the petitioner.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.50202 of 2023(6) dt.11-12-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that as alleged Heroine/smack was recovered from the possession of the petitioner but from the seizure list, it has not mention that alleged narcotics substance was recovered from the possession of the petitioner. Petitioner is languishing in judicial custody since 18.10.2022.

5. Learned APP for the State and learned counsel on behalf of the N.C.B. have opposed the application for bail and submitted that petitioner is named in the FIR and has been apprehended on spot. The petitioner has been made accused in several cases.

He further submitted that the seized Heroine/smack like substance from the possession of the petitioner comes within the purview of commercial quantity as per N.D.P.S. Act. During investigation several witnesses have also supported the prosecution case. From the perusal of the trial Court report, it appears that the case is pending for adducing the prosecution evidence.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to conclude the trial within

Patna High Court CR. MISC. No.50202 of 2023(6) dt.11-12-2023 3/3 nine months, failing which the petitioner will be at liberty to renew his prayer for bail.

(Sunil Kumar Panwar, J) Arish/- U T