Mahesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38964 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mahesh Kumar son of Ramnath Singh resident of village - Badka Gaun, P.S. - Pakaridayal, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Sri Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 20(b) of the Narcotics Drugs and Psychotropic Substances Act.

The prosecution case is that from the tobaco shop of the petitioner, from a polythene 10 gm. ganja was recovered.

It is submitted by the learned counsel for the petitioner that for a petty dispute with regard to giving tobacco the case has been maliciously lodged. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.38964 of 2016 (2) dt.06-09-2016 Mr. Awadhesh Kumar, learned counsel for the State does not dispute the recovery of small quantity. Considering the fact that small quantity of ganja has been recovered, it is a case for consideration of prayer for bail on surrender within a period of six weeks before the learned 3rd Additional Sessions Judge-cum-Special Judge, East Champaran at Motihari in connection with N.D.P.S. Case No. 26 of 2016.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T