Silochan Rai @ Shivlochan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7867 of 2022 Arising Out of PS. Case No.-293 Year-2021 Thana- CHIRAIYA District- East Champaran ====================================================== SILOCHAN RAI @ SHIVLOCHAN RAI Son of Kunkun Rai Resident of Village- Kataquiya, P.S.- Chiraya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 20/22/23/24 of the N.D.P.S. Act.

As per the prosecution case, 6.5 Kg. of Ganja has been recovered from the house of this petitioner. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. It is submitted that mandatory provision with regard to search and seizure has not been followed and since the recovered quantity of narcotic substance is less than commercial quantity, rigours of Section 37

Patna High Court CR. MISC. No.7867 of 2022(2) dt.08-04-2022 2/2 of the NDPS Act could not be attracted against this petitioner. Petitioner claims clean antecedent and is in custody since 10.10.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that more than small quantity of Ganja has been recovered from the possession of the petitioner. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner, shall be released on bail by the trial court to its own satisfaction on the condition that the petitioner will co-operate in the trial.

(Prabhat Kumar Singh, J) BKS/- U T