Rahul Kumar @ Rahul Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85967 of 2019 Arising Out of PS. Case No.-436 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== RAHUL KUMAR @ RAHUL MAHTO Son of Brameshwar Mahto @ Barmeshwar Mahto @ Brahmeshwar Mahto Resident of Village- Brahmpur, P.S.- Brahmpur, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 21/22(b) of the N.D.P.S. Act. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the name of this petitioner has surfaced in this case on the basis of confessional statement of the co-accused. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is rotting in judicial custody since 05.10.2019.

Learned A.P.P. has opposed the prayer for bail and

Patna High Court CR. MISC. No.85967 of 2019(2) dt.18-01-2020 2/2 submitted that 16 Gram Heroin Drugs wrapped in paper has been recovered from the possession of the petitioner. Moreover, witnesses has also supported the prosecution version which is evident from para Nos. 2, 11, 12, 13, 14 of the Case diary.

Considering the facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of this petitioner is rejected.

(Arvind Srivastava, J) brajesh/- U T