Mandal Rai @ Mandal Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35189 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -MEHDIGANJ District- PATNA ======================================================

1. Mandal Rai @ Mandal Gope, S/o- Late Shiv Nandan Rai, R/v- Ranipur Ganjpar, P.S.- Mehandiganj, Distt.- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-08-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 20 and 22 of the NDPS Act.

From the house of the petitioner, 8.9 kgs ganja were recovered.

It is submitted by the learned counsel for the petitioner that the recovery has been made from the joint family house. The FIR and seizure list do not reflect that recovery has been made from the conscious possession of the petitioner. The seizure list does not bear the signature of any family member of the petitioner. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.35189 of 2016 (2) dt.30-08-2016 2/2 Considering the quantity of recovery, this Court is not inclined to grant anticipatory bail to the petitioner. Let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Special Case No. 34 of 2016 Mehandiganj P.S. Case No. 49 of 2016 the court of learned Sessions Judge, Patna.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T