Surendra Prasad @ Ashok Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50986 of 2017 Arising Out of PS. Case No.-110 Year-2017 Thana- SACHIWALAYA District- Patna ====================================================== Surendra Prasad @ Ashok Prasad, Son of Late Raja Ram Sao, Resident of Village-Sadisopur Bazar, P.s.-Bihta, District-Patna and at Present Near Yarpur Gumti, P.S.-Gardanibagh, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mr. Pravin Kumar Mr. Ritwaz Raman For the State Mr. AWADHESH KUMAR SINGH, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-11-2017 Heard both sides.

Prayer is for grant of bail in Special (NDPS) Case No. 107 of 2017 arising out of Sachiwalya P.S. Case No. 110 of 2017 registered under diverse penal provisions of the NDPS Act. From the possession of the petitioner 1.25 kg of Ganja packed in 305 plastic pouches was/were recovered. Learned counsel for the petitioner submits that such recovery was made while he was at his hut. In effecting search and seizure the prosecution has breached the provisions 41(1) and 50 of the NDPS Act. The petitioner is in custody since 31.07.2017 having no criminal antecedents. The amount allegedly recovered was a little more than the small quantity.

Patna High Court Cr.Misc. No.50986 of 2017(2) dt.20-11-2017 2/2 Counsel for the State opposed the prayer.

Having considered the submissions, prayer for bail is rejected.

The petitioner shall have liberty to renew his prayer for bail in the court below after 08 months which shall be considered and disposed of on its own merit in accordance with law uninfluenced by the present order.

(Kishore Kumar Mandal, J) HR/- U T