Md. Samsad @ Md. Samshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34999 of 2016 Arising Out of PS.Case No. -391 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Md. Samsad @ Md. Samshad S/o Late Md.Abdul Hamid resident of Mohalla- Machali Market, Saharsa , P.S.- Saharsa, District- Saharsa. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr.Adv. Mr. Mithilesh Kumar Singh, Adv.

For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

24-11-2016 Heard Sri Krishna Prasad Singh, learned senior counsel, who was assisted by Sri Mithilesh Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 04-06-2016, has prayed for grant of bail in Saharsa P.S. Case No. 391 of 2016, corresponding to Special Case No. 3 of 2016 registered for offence under Sections 20 and 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short 'NDPS Act').

It was submitted by learned counsel for the petitioner that the recovered Ganja was not beyond the limit prescribed. It was about 13 kg and as such, a prayer was made to grant bail. However, on perusal of the F.I.R., it is evident that

Patna High Court Cr.Misc. No.34999 of 2016 (2) dt.24-11-2016 2/2 Ganja was wrapped in different puriya. Meaning thereby that petitioner was involved in trafficking of the Ganja. Besides this, on perusal of paragraph - 3 of the petition, it is evident that petitioner is accused in other two cases also relating to NDPS Act. In view of facts and circumstances, there is no reason to extend the privilege of bail.

Dismissed.

(Rakesh Kumar, J.) Anay U T