Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1347 of 2017 Arising Out of PS.Case No. -376 Year- 2016 Thana -BARACHATTI District- GAYA ======================================================

1. Raju Kumar Son of Late Sahodar Sao, Resident of Village- Dhangain, P.S.- Barachatti, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2017 The petitioner is in custody since 23.09.2016 in connection with Barachatti P.S. Case No. 376 of 2016 registered for offences punishable under Sections 8/17(B)18(B)25 and 29 of the N.D.P.S. Act.

It has been submitted on behalf of the petitioner that though there is allegation against the petitioner of recovery of 500 grams of opium, but nothing has been recovered from the conscious possession of the petitioner, except one motorcycle. Petitioner's name has transpired in this case only on the basis of statement of one Gurdeep Singh, who stated that he has purchased opium worth Rs. 40,000/- from the petitioner. The petitioner has been in custody since 23.09.2016.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.1347 of 2017 (3) dt.08-02-2017 2/2 Having heard both sides, considering the facts and circumstances of the case, nature of offence, I am not inclined to grant the petitioner, the privilege of regular bail at this stage. However, the petitioner may renew his prayer of bail, after framing of charges in the court below itself, which will be considered by the court below on the basis of materials available before him at that point of time, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U