Patna High CourtCR. MISC./8287/2024bail rejected

Sonu Singh @ Sonu Kumar Singh v. The State Of Bihar

2024-09-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8287 of 2024 Arising Out of PS. Case No.-142 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== SONU SINGH @ SONU KUMAR SINGH S/O LATE ANIL SINGH R/O VILLAGE- CHECHAR, P.S- BIDUPUR, DISTT.- VAISHALI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Ban Bihari Singh, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 20, 22 of the NDPS Act in connection with Alamganj P.S. Case No.142 of 2021.

3. The learned APP submits that in compliance of the order dated 19.04.2024 a counter affidavit has been filed on behalf of the Superintendent of Police, Patna (East).

4. The learned APP submits that from perusal of the pleadings made in the counter affidavit, it would manifest that the Superintendent of Police accepts the fault of the Investigating Officer in investigating the case by filing a charge sheet in haste without FSL, but then submits that sample was taken from the seized material and was sent to the FSL and from perusal of the report of the FSL as contained in Annexure-4 and

Patna High Court CR. MISC. No.8287 of 2024(5) dt.06-09-2024 2/2 4A of the counter affidavit, it would manifest that the same certifies that the seized material was Ganja. The APP submits that commercial quantity of Ganja weighing 50 Kg. was recovered from the car of the petitioner and the charges in the case has been framed, as such the trial has commenced.

5. The learned counsel appearing on behalf of the petitioner is not in a position to rebut the submissions of the learned APP that the F.S.L. report records that the seized material was Ganja and charges against the petitioner has been framed.

6. The Court as such is not inclined to release the petitioner on bail, accordingly the bail application is rejected. (Satyavrat Verma, J) Prakash Narayan U T