Patna High CourtCR. MISC./76035/2023bail rejected

Akash Rai v. The State Of Bihar

2024-02-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76035 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- SACHIVALAYA District- Patna ====================================================== AKASH RAI SON OF RAM CHANDRA RAI RESIDENT OF MOHALLA - BATUKESHWAR DUTT LANE, P.S. - JAKKANPUR, DISTRICT - - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Shahid Akhtar, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Special (NDPS) Case no.140 of 2023 (arising out of Sachivalay P.S. Case no.83 of 2023) registered under section 414 of the Indian Penal Code and section 21(b) of the N.D.P.S. Act.

3. As per the prosecution case, 100 gms. of smack besides mobile phone and motorcycle was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case over a minor altercation for oblique reasons. The petitioner is in

Patna High Court CR. MISC. No.76035 of 2023(3) dt.29-02-2024 2/2 custody since 17.5.2023 and has no criminal antecedent. Investigation in the case has concluded and charge has been framed in the learned trial Court. He undertakes to cooperate in the trial.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation of recovery of 100 gms. of smack from the possession of the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T