Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60379 of 2021 Arising Out of PS. Case No.-261 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== ABHISHEK KUMAR S/o Bharat Kumar Sah Resident of Village- Harpur Lahauri, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar Anand For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-04-2022 Heard the parties.
Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.
The petitioner seeks regular bail in connection with N.D.P.S. Case No. 35 of 2021, arising out of Ahiyapur P.S. Case No. 261 of 2021 for the offence punishable under Sections 399/402/34 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 20 and 22 of the N.D.P.S. Act. Allegation is of recovery of 500 grams of charas along with arms from two accused persons including the petitioner who were apprehended on the basis of secret
Patna High Court CR. MISC. No.60379 of 2021(2) dt.29-04-2022 2/2 information received by the raiding team.
Learned counsel appearing on behalf of the petitioner submits that the petitioner has clean antecedent. Charas has not been recovered from his possession. Recovery which has been made from his possession is mobile phone and two live cartridges.
Considering the fact that total quantity of charas which has been recovered from the associate of the petitioner is more than the commercial quantity and has a high value in international market, I am not inclined to enlarge the petitioner on bail.
Accordingly, the present bail application is rejected. (Purnendu Singh, J) mantreshwar/- U T