Patna High CourtCR. MISC./1966/2024bail rejected

Kalyan Kumar v. The State Of Bihar

2024-04-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1966 of 2024 Arising Out of PS. Case No.-95 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== KALYAN KUMAR, SON OF PARDEEP PATEL, RESIDENT OF VILLAGE- DUMARIYA, POLICE STATION- BAIRYA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Shrinagar P.S. Case no. 95 of 2023 registered under section 22(B)(II)(b) of the NDPS Act.

3. As per the prosecution case, 240 gms of charas like substance was recovered from the vehicle in which the petitioner was also present.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article as alleged in the FIR was recovered either from the petitioner's possession nor from the vehicle in question. There is discrepancy in the seizure list and the contents of the FIR. The petitioner is in custody since 29.7.2023

Patna High Court CR. MISC. No.1966 of 2024(4) dt.09-04-2024 2/2 and has no criminal antecedent.

5. The prayer for bail is opposed by learned A.P.P for the State who submits that the FSL report was called for. As per the contents of the FSL report, the seized article has been found to be charas.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

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