Patna High CourtCR. MISC./80272/2023bail rejected

Dhiraj Kumar v. The State Of Bihar

2024-04-23Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80272 of 2023 Arising Out of PS. Case No.-610 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== Dhiraj Kumar S/O Birendra Sah @ Virendra Sah R/O Village- Chand Choak, P.S- Bheldi, Distt.- Saran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for the offence punishable under Sections 8/20(b)(ii)(A) of the NDPS Act later converted into 22(b) of the NDPS Act.

3. As per allegation in the FIR, it is alleged that the petitioner was found with alprazolam weighing 26 grams in 201 orange colour tablets near Court Hajat.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the seizure of alprazolam and the sample was not taken in front of the Magistrate, violating the provision of Section 52(A) of the NDPS Act, petitioner has got clean antecedent and he is in custody since 28.07.2023.

5. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.80272 of 2023(5) dt.23-04-2024 2/2 bail of the petitioner. The FSL report was not received but the learned APP has provided a copy of statement of the fact of the Superintendent of Police along with FSL report to this Court.

6. On perusal of the first information report and impugned order dated 21.08.2023, it appears that alprazolam tables is scheduled drug in entry 178 of the NDPS Act. The petitioner was apprehended with 26 grams of said substance, small quantity of the said substances five grams and the commercial quantity is 100 grams. The petitioner was apprehended with intermediary quantity which is more than small quantity and less than commercial quantity.

7. Considering the above facts and circumstances and the said quantity recovered from the conscious possession of the petitioner, I am not inclined to grant bail to the petitioner.

8. Prayer for bail of the petitioner is hereby rejected.

9. However, the learned trial Court is directed to conclude the trial preferably within a period of six months from the date of receipt of a copy of this order.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T