Surendra Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.18945 of 2020 Arising Out of PS. Case No.-146 Year-2019 Thana- INDUSTRIAL District- Bhagalpur ====================================================== SURENDRA KUMAR SAH S/o Late Jagdish Prasad Sah R/o VillageNathnagar, P.S.-Nath Nagar, District-Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Binod Murari Mishra, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-08-2020 Heard learned counsel for the petitioner and Mr. Raj Ballabh Singh, learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with N.D.P.S.Case No. 27 of 2019 (Arising out of Industrial P.S. Case No. 146 of 2019) registered for the offence under Sections 20(b)(ii)C & 22 of the NDPS Act pending in the court of learned 10th Additional Sessions Judge, Bhagalpur. Learned counsel for the petitioner submits that although there is an allegation that petitioner was apprehended on spot while trying to flee away on seeing the police party and from the vehicle in which he was allegedly there 60 Kg. of Ganja has been recovered but in fact it is a case of false implication, the petitioner has no concern either with the Ganja or the vehicle in question.

Patna High Court CR. MISC. No.18945 of 2020(4) dt.27-08-2020 2/2 Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner as it is submitted that the petitioner is one of the four persons who were arrested on the spot with 60 Kg. of Ganja. Which is much more than the commercial quantity.

Considering the facts and circumstances of the case and the fact that 60 Kg. of Ganja has been seized and petitioner has been arrested on spot, at this stage this Court is not inclined to grant him privilege of regular bail.

Petitioner may however renew his prayer for bail after couple of material witnesses examined in course of trial. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.