Kishore Kumar @ Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26343 of 2021 Arising Out of PS. Case No.-24 Year-2021 Thana- BALIYA District- Begusarai ====================================================== KISHORE KUMAR @ KISHORE YADAV S/o Late Sukkan Yadav Resident of Village - Naya Tola- P.S. - Ballia, District - Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mrs. Pushpa Sinha 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Ballia P.S. Case No. 24 of 2021 corresponding to NDPS Case No. 02 of 2021, registered for the offence punishable under Sections 20/22 of the NDPS Act.

As per the prosecution case, 2 Kg and 300 gms. of Ganja has been recovered from Gumti of this petitioner. It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner and the Gumti does not belong to this petitioner. The recovered Ganja is less than commercial quantity, as such rigorous of

Patna High Court CR. MISC. No.26343 of 2021(2) dt.29-07-2021 2/2 Section 37 of the NDPS Act, would not be attracted. Mandatory provision of search and seizure has not been followed and petitioner is in custody since 23.01.2021.

Learned APP however, vehemently opposed the prayer for bail and submitted that huge quantity of Ganja has been recovered from Gumti of this petitioner. Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court on its own satisfaction and on the condition that petitioner will cooperate in disposal of trial and appear before the court, as and when required.

(Prabhat Kumar Singh, J) vinita/- U