Prem Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3713 of 2022 Arising Out of PS. Case No.-322 Year-2021 Thana- JAMUI District- Jamui ====================================================== Prem Sahani Son of Late Ram Sevak Sahani Resident of Village- Bagras, P.S.- Bhagwanpur, Dist.- Begusarai.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-03-2022 Heard both parties.

The petitioner seeks bail in Jamui P.S. Case No. 322 of 2021 corresponding to NDPS Case No. 08 of 2021, registered for the offence punishable under Sections 8/20(b)(ii)(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act. As per the prosecution case, 175 KG of Ganja has been recovered from a truck of which this petitioner was Cleaner.

It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner. The petitioner being Cleaner was not aware about the nature of consignment which was being transported by the vehicle in question. Mandatory provision of search and seizure has not been followed and petitioner is in custody since 07.08.2021

Patna High Court CR. MISC. No.3713 of 2022(2) dt.31-03-2022 2/2 having clean antecedent.

Learned APP however, vehemently opposed the prayer for bail and submitted that quantity of recovered Ganja is more than commercial quantity and this petitioner was Cleaner of the said vehicle.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T