Tuntun Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39554 of 2016 Arising Out of PS.Case No. -266 Year- 2016 Thana -FORBESGANJ District- ARRARIA ====================================================== Tuntun Roy, son of Indranand Roy, resident of Village- Bhatiganj, Ward no 7, P.S- Hat Khola (Birat Nagar) Dist-Morang (Nepal) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-11-2016 Heard Sri Sanjay Kumar Sharma, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody in Forbesganj P.S.

Case No.266/2016, corresponding to Special Case No.21/2016, registered for the offence under Sections 20,22,24, 25 of the N.D.P.S.Act, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that nothing was recovered from the conscious possession of the petitioner. He submits that he was moving on a motorcycle, which does not belong to the petitioner. However, on perusal of the F.I.R. it is evident that two motorcycles were intercepted by the S.S.B. Force; one was being driven by the petitioner and from the motorcycle of the

Patna High Court Cr.Misc. No.39554 of 2016 (2) dt.29-11-2016 2/2 petitioner, 5 Kg of Ganja was recovered and from another motorcycle about 2 Kg of Charas was recovered. At the time of seizure itself, through Narcotics Checking Kit, seized articles, which were examined, were proved to be Ganja and Charas. Keeping in view the seriousness of accusation, I do not find any ground to extend the privilege of bail. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U T