Md. Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.766 of 2015 ====================================================== Md. Bhola S/O Late Md. Idrish R/O Village- Kulharia, P.S.- Babubarhi, District- Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 09-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act.

The allegation against the petitioner is that 7.5 kg. of ganja kept in two plastic bags has been recovered under the cot of the petitioner on which he was sleeping. It is submitted that the alleged recovery has been made from the Dalan of the petitioner, which is an open place and it has not been recovered from the conscious possession of the petitioner. He has no criminal antecedent. The quantity of ganja is below the commercial quantity. After investigation chargesheet has already been submitted.

Learned counsel for the State submits that the ganja has been recovered from the possession of the petitioner in presence of two independent witnesses and the seizure has also been made in presence of the witnesses.

Patna High Court Cr.Misc. No.766 of 2015 (4) dt.09-03-2015 2/2 Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail. Prayer for bail is rejected at this stage.

Let the trial of the petitioner in Babubarhi P. S. Case no. 157 of 2014 be expedited.

(Amaresh Kumar Lal, J) sudip/- U T