Patna High CourtCR. MISC./61921/2023bail rejected

Chotu Kumar Yadav @ Chhotu Kumar Yadav v. The State Of Bihar

2024-02-13Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61921 of 2023 Arising Out of PS. Case No.-189 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Chotu Kumar Yadav @ Chhotu Kumar Yadav Son of Raj Kumar Yadav R/o vill - Baijnathpur, P.s. - Mohanpur, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with NDPS Case No. 09 of 2022 arising out of Barachatty P.S Case No. 189 of 2022 from the Court of learned S.J cum Special Judge N.D.P.S Act, Gaya registered for the offences punishable under Sections 18, 20 and 22 of the NDPS Act.

3. As per allegation in the FIR, total 6 Kg of opium recovered from motor cycle as well as from container vehicle which is more than the commercial quantity.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.61921 of 2023(4) dt.13-02-2024 2/2 petitioner has falsely been implicated in this case. He further submits on the date of occurrence, the petitioner has a quarrel with the police during vehicle checking It is also submitted that petitioner is in judicial custody since 05.03.2022 and petitioner has got no criminal antecedent as stated in para 3 of the petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner and submitted that 6 Kg of opium was recovered from both the vehicle in question.

6. In view of the allegation as regard to recovery of 6 Kg opium from petitioner motorcycle and container vehicle and also the petitioner was arrested on the spot with contraband opium, this Court is not inclined to grant bail to the petitioner.

(Ramesh Chand Malviya, J) Mayank/- U T