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2026 Supreme(Online)(Pat) 299

PATNA HIGH COURT
Rudra Prakash Mishra, J
Raju Kanu @ Raju Gupta – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Arvind Kumar Pradhan
For the Respondents: Mr. Raj Ballabh Singh

ORAL JUDGMENT

Date : 08-01-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. That the instant application is being filed for quashing of the order dated 19.02.2025 passed by the learned A.D.J.-1, Cum Special Judge SC/ST (P.O.A) Act, Buxar in connection with N.D.P.S. Case no. 30 of 2020 arising out of Koransarai P.S. Case No. 57 of 2020 dated 09.06.2020 lodged under Sections 20 , 25 of the N.D.P.S. Act 1985 by which cognizance of the offences has been taken under Sections 21(b), 27A, 29 N.D.P.S. Act against the petitioner.

3. On 29.06.2020, the S.H.O. of Koransarai P.S., on secret information, apprehended co-accused Dharmendra Ram @ Dharmendra Dom while he was fleeing and recovered 56 grams of heroin from his possession in presence of witnesses. The co-accused disclosed Raju Kanu, petitioner herein, as the source of the contraband, after which the seizure was made and the F.I.R. was lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated only on the basis of his past antecedents, without any independent or incriminating material. As is evident from the F.I.R., recovery of 56 grams of heroin

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