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2025 Supreme(Pat) 765

IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Aslam @ Md. Aslam Ali @ Aslam Ali, Son Of Late Khairati Mian – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ajay Kumar Thakur, Adv., Ms. Vaishnavi Singh, Adv., Mr. Ritwik Thakur, Adv., Mr. Pranshu, Adv.
For the State : Mr. Upendra Kumar, APP

JUDGMENT :

Jitendra Kumar, J.

The present petition has been preferred by the petitioner against the impugned order dated 19.01.2019 passed by learned Sessions Judge, Bettiah, West Champaran in Trial No. 46 of 2017, whereby learned Sessions Court/Special Court, N.D.P.S. has dismissed the application of the petitioner for discharge filed under Section 227 of the Cr.PC.

2. The prosecution case, as per the written report of the informant/Bimlendu Kumar, who is Police Sub-Inspector, is that he was posted in Town Police Station, Bettiah. On 26.12.2016, in the morning, he got information that one Md. Saheb is selling smack at Naurangabag. Information was given to his senior officer and one team was constituted. The raiding team reached Naurangabag, near the house as informed by the informer, surrounded the house and in the presence of one Nagendra Mishra and Prabhawati Devi, door was opened and one man called Md. Saheb emerged from the house. After taking his consent for searching his house and following the rules of search, the raiding team commenced the searching operation. In course of search, 200 gram smack was recovered from the jacket of Md. Saheb. On further inquiry, he stated that it

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