Pappu Rai @ Pappu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1886 of 2023 Arising Out of PS. Case No.-33 Year-2021 Thana- KATHAIYA District- Muzaffarpur ====================================================== PAPPU RAI @ PAPPU KUMAR YADAV Son of Sri Rampravesh Rai @ Ram Pravesh Kumar R/v- Ashwari Banjariya, P.S.- Kathaiya, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 8, 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act.

This is the second attempt of the petitioner to seek bail as earlier by Order Dated 17.12.2021 in Cr. Misc. No. 46554 of 2021, the bail application of the petitioner was rejected on the ground that 500 grams of charas along with 750 ml of liquor was recovered from a bag kept on the motorcycle on which the petitioner was sitting.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1886 of 2023(2) dt.11-01-2023 2/2 petitioner is in custody since 18.03.2021, and the alleged recovery of narcotic is more than small quantity but less than commercial quantity and the punishment prescribed for such recovery is 10 years. It is also submitted that this is the first offence of the petitioner, it is next submitted that charges till date has not been framed.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

The Court for the present is not inclined to release the petitioner on bail.

However, the petitioner will be at liberty to renew his prayer for bail after framing of charges.

(Satyavrat Verma, J) GauravSinha/- U T