Patna High CourtCR. MISC./3687/2017rejected

Yashwant Singh v. The State Of Bihar

2017-02-14Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3687 of 2017 Arising Out of PS.Case No. -104 Year- 2016 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Yashwant Singh Son of late Bashist Singh R/o Village- Chamtha, Barkhunt, P.S. Bachhwara, District-Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s :Sri Rajendra Nath Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Bachhwara P. S. Case No. 104 of 2016 arising out of N.D.P.S.Case No. 13/2016 registered for offences punishable under Sections 20,21, and 27 of Narcotic Drugs & Psychotropic Substances Act.

Allegedly, acting on a tip of that the petitioner and his two sons are selling ganja, raid was conducted at their house in presence of B.D.O., Bachhwara and other and after search, 500 Grams Ganja, one small balance along with Bathkhara of 200, 100, 50 and 10 grams and a scissor were recovered.

Patna High Court Cr.Misc. No.3687 of 2017 (2) dt.14-02-2017 2/2 Submission is of false implication and that nothing has been recovered from the house of the petitioner. There is no eye witness of the occurrence. The witnesses of seizure list are police Officials and as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. for the State opposes the prayer for prearrest bail to the petitioner by pointing out the alleged recovery. In the facts and circumstances state above, considering the alleged recovery from the house of the petitioner, I am not inclined to grant the privilege of bail to the petitioner and accordingly, such prayer for bail stands rejected. (Jitendra Mohan Sharma, J) Sudha/- U T