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Patna High CourtCR. MISC./35148/2016dismissed

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

2016-11-24Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35148 of 2016 Arising Out of PS.Case No. -431 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Md. Samsad @ Md. Samshad S/o Late Md. Abdul Hamid resident of Mohalla- Machali Bazar, D.B.Road, Saharsa, P.S.-Saharsa, DistrictSaharsa .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Pd. Singh, Sr.Adv. Mr. Mithilesh Kumar Singh For the Opposite Party/s : Mr. Indra Kumar 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 21-05-2016, has prayed for grant of bail in Saharsa P.S. Case No. 431 of 2016, corresponding to Special Case No. 4 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 recovery of Ganja was not in the category of commercial quantity, since it was only about 10 Kg. and as such, the petitioner

Patna High Court Cr.Misc. No.35148 of 2016 (2) dt.24-11-2016 2/2 may be extended the privilege of bail.

However, on perusal of paragraph - 3 of the petition, it is evident that petitioner is accused in other two cases also relating to offences under the NDPS Act.

Accordingly, there is no reason to grant bail. Dismissed.

(Rakesh Kumar, J.) Anay U T