Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2064 of 2017 Arising Out of PS.Case No. -48 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Saurabh Kumar, Son of Manoj Giri, R/o Village- Masahi, P.S.- Mejarganj, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Mejarganj P.S.Case No. 48 of 2016 registered under Sections 8, 20 (B) (II) (B) of the N.D.P.S.Act.

Accusation is that the police on receiving secret information about keeping the Ganja in huge quantity by Manoj Giri in his house, the police raided there. On seeing the police Manoj Giri was succeeded to flee away but the petitioner, who is son of accused Manoj Giri, was apprehended there and on search 11Kg and 500 grams recovered from there and prepared seizure list.

Patna High Court Cr.Misc. No.2064 of 2017 (2) dt.23-01-2017 2/2 Learned counsel for the petitioner submits that it would appear that Ganja was not recovered from the conscious possession of the petitioner rather the same is recovered from the house, jointly occupied by the petitioner and others. The petitioner was accused in Mejarganj P. S. Case No. 393 of 214 under Sections 366 A of the Indian Penal Code but he is acquitted and in present case he is in custody since 11.03.2016. Having regard to the facts and the circumstances of the case, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail is rejected. (Rajendra Kumar Mishra, J) Sudha/- U T