PATNA, India, July 2 -- Patna High Court issued the following order on June 2:
Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The present Criminal Miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the BNSS") for seeking regular bail in connection with Hajipur Town P.S. Case No.190 of 2025 lodged on 21.02.2025 under Sections 8(b), 21(a), 22 and 29 of the NDPS Act
3. As per the prosecution, the F.I.R. has been lodged against the petitioner against whom allegation of recovery of 3.87 gram of smack and 8.04 gram of ganja have been made, which is subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner has been falsely implicated in the present case. He further submits that the said recovery is small quantity and therefore, sympathetic view may be taken.
5. Learned Counsel further submits that petitioner is in custody since 20.02.2025 having clean antecedent.
6. Learned counsel for the State opposes the prayer for bail and submits that the said recovery may be small, but it has been used commercially by the petitioner. He further submits that by the action committed by the petitioner, there is a reasonable ground believing that the petitioner is likely to commit such offence in future also.
7. In the present facts and circumstances of this case and in the light of legislative direction under section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.
Disclaimer: Curated by HT Syndication.