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2025 DAILYLAW 76058 (PAT)

Upendra Prasad Tatava @ Upendra Tatwa v. The State of Bihar

CR. MISC./71822/2024 · 2025-01-29

Nawneet Kumar Pandey

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71822 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- BIHIA District- Bhojpur ====================================================== 1. Upendra Prasad Tatava @ Upendra Tatwa Son of Barmeshwar Prasad Tatava Resident of Village - Teghara, Police Station - Bihiya, District - Bhojpur. 2. Birendra Prasad Tatava @ Birendra Tatwa Son of Barmeshwar Prasad Tatava Resident of Village - Teghara, Police Station - Bihiya, District - Bhojpur. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Singh, Adv. For the Opposite Party/s : Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 3 29-01-2025 Heard learned counsel for the petitioners as well as learned APP for the State. 2. In this case, the petitioners are seeking regular bail in connection with Bihiya P.S. Case No. 29 of 2024, corresponding to NDPS Case No. 13 of 2024, registered for the offences punishable under Sections 8(C), 21(b), 29 of the NDPS Act, 1985. 3. As per allegation, the police got an information that Upendra Prasad Tatava (petitioner no. 1) was preparing pouches of heroin in his house along with his family members for sell. The police raided his house and seized 80 pudiya (pouches of heroin) and 75 pudiya of substance like heroin from Patna High Court CR. MISC. No.71822 of 2024(3) dt.29-01-2025 2/2 his house and cash of Rs. 1,78,400/- was also recovered from his house. 4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that though the quantity of seized heroin is slightly above the small quantity but it is less than the commercial quantity. 5. On the other hand, the learned APP for the State Sri J.N. Thakur has opposed the prayer for bail and submitted that the FIR itself shows that the alleged heroin was being packaged for commercial transaction and the petitioner has two criminal antecedents. 6. Considering the above-mentioned facts and circumstances, I do not think it to be a fit case for bail. Accordingly, it is rejected. 7. The learned trial court is directed to expedite the trial. kundan/- (Nawneet Kumar Pandey, J) U T