Sulen @ Sulena Mahton @ Sulain Mahton And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37048 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -BALIA District- BEGUSARAI ======================================================

1. Sulen @ Sulena Mahton @ Sulain Mahton, son of late Batoran Mahton

2. Dhiren Mahton, @ Dhirendra Mahton, son of late Batoran Mahton

3. Amresh Mahton, son of Sulen @ Sulena Mahton @ Sulain Mahton

4. Sanni Mahton @ Sanni Kumar, son of Sulen @ Sulena Mahton @ Sulain Mahton All are resident of village Mottu Nagar, P.S. Sahebpur Kamal, Distt. Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Advocate. For the Opposite Party/s : Smt. Meena Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-01-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Ballia P.S. Case No. 19 of 2017 instituted for the offence under Sections 8, 20(b)(ii) C, 25 and 29 of N.D.P.S. Act.

It is alleged in the written report that one Marshal car was intercepted by the police from which 110 Kg. Ganja was recovered kept in different plastic packets. Three persons were apprehended who disclosed their names as Rahul Kumar, Rohit Kumar and Fultus Kumar. They also disclosed that they were bringing Ganja in question from Orissa. These petitioners had

Patna High Court Cr.Misc. No.37048 of 2017 (7) dt.05-01-2018 2/2 brought Ganja on the said vehicle up-to Khagaria and, thereafter, the apprehended three accused persons sat in the Marshal Car in Khagaria and were taking the same to their house situated at Bariarpur.

Case diary has been received.

Learned A.P.P. has submitted that in paragraph-13 of the case diary is mentioned that these petitioners along with other accused persons were indulged in smuggling of Ganja for about three years.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioners may surrender before the court below and make prayer for regular bail which shall be considered/disposed off by the court below, if possible on the same day, in accordance with law without being prejudiced by this order. (Sanjay Priya, J) S.Ali/- U T