Jhutan Mian v. The State Of Bihar

Patna High Court Cr.Misc. No.52834 of 2018 (2) dt.06-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52834 of 2018 Arising Out of PS.Case No. -100 Year- 2018 Thana -DAGARUA District- PURNIA ====================================================== Jhutan Mian son of Alam Mia of 292 Laskarpara Near Pratap Sangh Club West Pratap Nagar, Ward No. 30, P.S. Arundhuti Nagar, Agartala, AMC, West District- Tripura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha, Adv. For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 06-09-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Petitioner along with Janu Mian were intercepted while traveling with Tata Indigo care bearing registration no.TR03B 0323 wherefrom 30.549 gram ganja has been recovered.

Learned counsel for the petitioner has submitted that search and seizure happens to be illegal in the background of the fact that informant was not at all competent enough to conduct the same.

The learned Additional Public Prosecutor opposed the prayer.

Considering the quantum of recovery of ganja, prayer for bail is rejected.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T