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Patna High CourtCR. MISC./63891/2023bail rejected

Dukhi Lal Sah @ Dukhi Sahu v. The State Of Bihar

2023-12-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63891 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== DUKHI LAL SAH @ DUKHI SAHU Son of Mantri Sah R/o vill - Jhahuri, P.S. - Laukahi, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. D.K. Singh, Sr. Advocate Mr. Ravi Prakash, Advocate Mr. Gagandeo Yadav, Advocate Mr. Udeshya Kr. Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-12-2023

1. Heard learned Senior counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Laukahi P.S. Case no. 83 of 2023 registered under sections 413 and 414 of the Indian Penal Code and sections 8/20(b)(ii)A/21(b)/29 of the N.D.P.S. Act.

3. As per prosecution case, on information having been received the informant states that a raid was conducted in the house of the petitioner and various articles including 168 grams of brown sugar, 128 grams of ganja, Nepali currency worth Rs. 6,53,600/-, Indian currency worth Rs. 62,000/- and other articles were recovered.

Patna High Court CR. MISC. No.63891 of 2023(3) dt.06-12-2023 2/2

4. It has been submitted by learned Senior counsel for the petitioner that petitioner has been falsely implicated in the case. No incriminating articles as alleged in the F.I.R was recovered from the house of the petitioner. Referring to the seizure list it is submitted that even the place of recovery is not stated therein. The petitioner has no criminal antecedent and is in custody since 22.3.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation including recovery of 168 grams of brown sugar, 128 grams of ganja, Indian currency worth Rs. 62,000/- along with foreign (nepali) currency worth Rs. 6,53,600/- from the house of the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. In view of the fact that the petitioner has no criminal antecedent, he is given liberty to renew his prayer for bail after framing of charge.

(Partha Sarthy, J) Harsh/- U