Patna High CourtCR. MISC./66770/2023bail rejected

Shashi Kumar v. The State Of Bihar

2023-10-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66770 of 2023 Arising Out of PS. Case No.-633 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Shashi Kumar, Son of Sanjay Sah @ Sanjay Ram, R/o Village- Muradpur Dulla, PS- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with N.D.P.S. Case no.112 of 2023 (arising out of Ahiyapur P.S. Case no. 633 of 2023) registered under section 414 of the Indian Penal Code and sections 8(c) and 21(b) of the N.D.P.S. Act.

3. As per the prosecution case, a total of 11.25 gms of smack was recovered from the two accused persons of which 5.85 gms of smack was recovered from this petitioner.

4. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in the case. The petitioner has no criminal antecedent and is in custody since 23.5.2023.

Patna High Court CR. MISC. No.66770 of 2023(2) dt.17-10-2023 2/2

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 against the petitioner and recovery of narcotic drugs from the possession of the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail on completing one year in custody or after framing of charge, whichever is later.

(Partha Sarthy, J) avinash/- U T