Joni @ Joha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51938 of 2014 Arising Out of PS.Case No. -78 Year- 2013 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Joni @ Joha Son of Md. Badruddin Resident of Chamelichak, Police Station - Habibpur, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Zonal Director Narcotics Control Bureau (NCB), Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Aditya Nr. Singh1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 21 and 22 of the N.D.P.S. Act. Allegedly the police personnel stopped three cars on getting information that ganja are being transported. The petitioner was also arrested from one of the Indigo Car and on search 100 kilograms ganja was recovered from the vehicle of the petitioner and similarly from other vehicle also ganja was recovered. Submission is that during trial witnesses have not supported the prosecution version and it has come that the petitioner was arrested from Tilkamanjhi chowk and from his

Patna High Court Cr.Misc. No.51938 of 2014 (3) dt.03-03-2015 2/2 Indigo Car no ganja was recovered to which the learned counsel for O.P. No.2 opposes by submitting that from the vehicle of the petitioner also ganja was recovered and he has confessed his guilt and the petitioner has got criminal antecedent. In the facts and circumstances as stated above, considering the alleged recovery, this Court is not inclined to enlarge the petitioner on bail. Accordingly, prayer for bail of the petitioner stands rejected in connection with Sultanganj P.S. Case No. 78 of 2013/ G.R. No. 1395 of 2013 pending in the Court of 1st Additional District Judge, Bhagalpur.

(Jitendra Mohan Sharma, J) Abhay/- U T