IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43132 of 2021

Arising Out of PS. Case No.-212 Year-2021 Thana- PURNEA SADAR District- Purnia

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BISHU KUMAR SHARMA @ VISHU KUMAR SHARMA Son of Dilip

Sharma Resident of Gunda Chowk, Gulabbagh, P.S. - Purnea Sadar, District -

Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Md Fazle Karim

For the Opposite Party/s :

Mr.A.G.

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2

03-02-2022

Heard Mr. Md. Fazle Karim, learned counsel for the

petitioner and learned A.P.P. for the State through virtual court

proceeding.

Petitioner seeks regular bail in connection with

Special Case No. 28 of 2021 arising out of Purnea Sadar P.S.

Case No. 212 of 2021 registered for the offence under Section 8

(c) / 21 (b) of the Narcotic Drugs and Psychotropic Substances

Act, 1985.

Three persons were intercepted by the Police and

upon search Brown Sugar / Heroin were recovered from the

possession of all the persons weighing total quantity of 33.7

grams and from the possession of the petitioner 11 grams of

Brown Sugar has been recovered.

Learned counsel for the petitioner submits that at the

time of search and seizure the procedures prescribed under

Section 50 of the N.D.P.S. Act have not been followed and the

petitioner has got no criminal antecedent. He further submits

Patna High Court CR. MISC. No.43132 of 2021(2) dt.03-02-2022

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that commercial quantity of Heroin is 250 grams and small

quantity is 5 grams. The petitioner is in custody since 25 / 4 /

2021.

Regard being had to the submissions made by the

parties and taking into consideration the materials available on

record, the fact that psychotropic drugs / Heroin / Brown Sugar

has been recovered from the possession of the petitioner and

other accused persons in search made by the Police, quantity of

Smack recovered is more than small quantity and less than

commercial quantity, as such, I am not inclined to grant regular

bail to the petitioner

Accordingly, the prayer for grant of regular bail is

rejected.

However, the petitioner may renew his prayer for bail

after five months from today if the trial does not show any

progress.

praful/-

(Anil Kumar Sinha, J)

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