Dhurendra Prasad @ Dhurandhar Pd. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7124 of 2024 Arising Out of PS. Case No.-93 Year-2023 Thana- SIKTA District- West Champaran ====================================================== Dhurendra Prasad @ Dhurandhar Pd. Son Of Ramchandra Sah Resident Of Village - Sabaithwa, Police Station - Pokhariya, District - Parsa (NEPAL) ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Sikta P.S. case No. 93 of 2023 instituted for the offences under Sections 8, 20(b)(ii) (c), 23(c) of the N.D.P.S. Act.
3. Prosecution allegation, in short, is that the 2.480 kg charas contained in 5 packets was recovered.
4. learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 22.08.2023 and has got no criminal antecedent. Charge-sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. Learned counsel
Patna High Court CR. MISC. No.7124 of 2024(4) dt.08-05-2024 2/2 further submits that there is no compliance of Section 42 and 50 of N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act. Hence, the petitioner does not deserve privilege of bail.
6. Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected.
(Rudra Prakash Mishra, J) Pankaj/- U T