Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60759 of 2022 Arising Out of PS. Case No.-77 Year-2020 Thana- MATIHANI District- Begusarai ====================================================== CHANDAN KUMAR Son of Jagdish Mahto R/V- Nayagaon, P.S- Nayagaon, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 29.06.2020, in connection with Matihani P.S. Case No. 77 of 2020, F.I.R. dated 28.06.2020 registered for the offences punishable under Sections 20(B)(ii)(B)/22 of the NDPS Act, 1985.

3. The petitioner along with other co-accused were found in possession of Ganja weighing 02 Kg. and 290 Grams.

4. It appears that the earlier bail petition of the petitioner was rejected vide order dated 12.01.2022 passed in Cr. Misc. No. 26751 of 2021 with the following liberty:- "However, the applicant is at liberty to apply afresh in case the report of the

Patna High Court CR. MISC. No.60759 of 2022(2) dt.29-08-2023 2/2 Forensic Science Laboratories favour him."

5. From perusal of the materials on record, it appears that there is no pleading in the bail petition with regard to the report of the Forensic Science Laboratory. Besides this, the petitioner has not filed a fresh application before the learned Court below as the impugned order has already been assailed in Cr. Misc. No. 26751 of 2021.

6. In view of the aforesaid, there is no fresh ground to entertain the bail petition.

7. Prayer for grant of bail is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T