Rajiv Mishra v. The State Of Bihar

Patna High Court Cr.Misc. No.6312 of 2017 (2) dt.17-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6312 of 2017 Arising Out of PS.Case No. -388 Year- 2016 Thana -PATNA GRP CASE District- PATNA ====================================================== Rajiv Mishra Son of Sanjay Mishra, Resident of Village- B.N. Jha Path, Deoghar, P.S. Nagar Thana, Deoghar, District Deoghar (Jharkhand). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Akhilesh Kumar For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Patna G.R.P.S. Case No. 388 of 2016 registered for the offences punishable under Sections 8, 21 and 22 of Narcotic Drugs & Psychotropic Substance Act.

Allegedly, from the bag of the petitioner 18.62 Gram heroine like substance was recovered.

Submission is of false implication and that nothing has been recovered from possession of the petitioner, there is no specific report that the recovered substance is heroine, proper procedure under N.D.P.S. Act has not been followed the recovery is not of commercial quantity. The petitioner is in custody since 06.12.2016.

Patna High Court Cr.Misc. No.6312 of 2017 (2) dt.17-03-2017 Learned APP opposes the prayer of bail by submitting that the recovery is more than small quantity.

In the facts and circumstances stated above, considering the alleged recovery, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T