Chandan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7416 of 2017 Arising Out of PS.Case No. -238 Year- 2016 Thana -KODHA District- KATIHAR ======================================================

1. Chandan Kumar Mandal, Son of Durgesh Mandal, Resident of Bari Bhainsdiyara, P.S. Barari, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Vikram Singh, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Korha P.S Case No. 238 of 2016 registered for the offences punishable under Sections 20, 22 of the Narcotics Drugs and Psychotropic Substances Act.

Allegedly, the petitioner was apprehended and from his motorcycle one bag containing 5.675 Kg. ganja was recovered. Submission is of false implication and that nothing has been recovered from the conscious possession of the petitioner, the petitioner has been made victim of the circumstances, the said motorcycle is not of the petitioner rather that is of Sonu Kumar. Mandatory provision of N.D.P.S. Act has

Patna High Court Cr.Misc. No.7416 of 2017 (2) dt.20-03-2017 2/2 not been complied with and the petitioner is in custody since 27.10.2016 and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P opposes the prayer of bail.

In the facts and circumstances stated above, considering the alleged recovery, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Korha P.S. Case No. 238 of 2016 (G.R. No. 4047 of 2016), pending in the court of learned Sessions Judge, Katihar.

(Jitendra Mohan Sharma, J.) Rajiv/- U T