Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72598 of 2022 Arising Out of PS. Case No.-183 Year-2020 Thana- ADAPUR District- East Champaran ====================================================== SHYAM KUMAR S/o Late Badri Nath Patel @ Badri Patel R/o VillageRaxul, P.S.- Raxaul, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 8(C), 21(c) of NDPS Act.

As per allegation in the FIR, on getting secret information police party proceeded towards place of occurrence, and apprehended the petitioner. On search, 268 grams of Morphine was recovered from his possession.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Case. No local person was made as a witness of the seizure list rather seizure list witnesses are police personnel. There is complete violation

Patna High Court CR. MISC. No.72598 of 2022(5) dt.19-06-2023 2/2 of provision of Section 50 of the NDPS Act. Petitioner has got no criminal antecedent and languishing in judicial custody since 15.06.2020.

Learned APP appearing for the State has opposed the prayer of Bail and submitted that the alleged recovery of 268 gram of morphin is above the commercial quantity. Having heard learned counsel for the parties and taking into consideration that the alleged recovery is above the commercial quantity, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected. The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U