Prakash Patel @ Prakash Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6028 of 2017 Arising Out of PS.Case No. -280 Year- 2016 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Prakash Patel @ Prakash Kumar Patel Son of Sri Ram Chandra Prasad Resident of Village-Banuchhapar, P.S.-Bettiah Muffasil (Banuchhapar O.P.), District-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 08-03-2017 Heard.

The petitioner is in custody since 16.09.2016 in connection with Bettiah Muffasil (Banuchhapar) P. S. Case No. 280 of 2016 registered for an offence under Sections 20,22,24, 27, 29-A of the Narcotic Drugs and Psychotropic Substances Act, 47 (A) & 53 (c) of the Bihar Excise Amendment Act and 25 (1-b)a, 26 & 35 of the Arms Act.

The informant happens to be police personnel, who allegedly acting on a tip off, conducted raid in the house of the petitioner and apprehended two persons and on search, two K.G. Charas and two bottles of Foreign liquor were recovered. Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.6028 of 2017 (2) dt.08-03-2017 2/2 petitioner had no knowledge about the recovery of charas from his house. This is case of plantation of charas with ulterior motive at the instance of persons hostile to the petitioner. The learned A.P.P. on the other hand opposed the prayer.

Considering the recovery of charas weighing 2 Kg. and other incriminating materials from the house of the petitioner, I am not inclined to grant bail to the petitioner. Prayer of bail is, therefore, rejected.

(Sanjay Kumar, J) Sudha/- U T