Om Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41755 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -NARPATGANJ District- ARRARIA ====================================================== Om Prakash Sah, S/o Sri Hardeo Sah, Resident of Village- Bariyarpur, P.S.- Narpatganj, District Araria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shiv Shankar Sah, Advocate Mr. Sanjay Kumar Gupta, Advocate For the Opposite Party : Mr. Upendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 8 (C)/20(b)(ii)(B) of N.D.P.S. Act. It is alleged that informant got secret information that illegal business of Ganja is going on in the house of Surjanand Sah. The police raided the house and recovered total 7 kg of Ganja which was kept in a Trunk. The petitioner tried to run away from the house who was arrested by the police. Seizure list has been filed along with written report which bears the thumb impression of the petitioner.

The state has submitted after perusing the case diary that witnesses in para-4,5 and 6 of the case diary have stated that

Patna High Court Cr.Misc. No.41755 of 2016 (4) dt.17-01-2017 2/2 petitioner was found sleeping in that room.

The counsel for the petitioner has referred to para13,14, 15 of the case diary where it has been stated that ganja might have been brought by the elder son-in-law of Surajanand Sah. The petitioner is also son-in-law of the Surajanand Sah and it has come in the case diary that he has come to his sasural about two days prior to the occurrence for treatment of the son. There is specific statement of the witnesses in para-4,5 and 6 of the case diary that the petitioner was found sleeping in that room. Petitioner wanted to run away from the room and arrested. Seizure list bears thumb impression of the petitioner. There is allegation of recovery of huge quantity (7 kg) of ganja.

Therefore, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is hereby rejected in connection with Special Case No. 12 of 2016, arising out of Narpatganj P.S. Case No. 92 of 2016, pending in the court of Special Judge, Araria.

(Sanjay Priya, J.) ravi/- U T