Patna High CourtCR. MISC./34882/2021bail rejected

Bhuar Ansari @ Bhuar Mian v. The State Of Bihar

2021-09-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34882 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- MANPUR District- West Champaran ====================================================== BHUAR ANSARI @ BHUAR MIAN S/o Mir Hasan Mian R/o- Udarwa Panchamwa, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2021 Heard learned counsel for the petitioner and the State.

The petitioner prays for grant of regular bail in Manpur Police Station Case No. 10 of 2021 registered for the offence punishable under section 20 and other sections of the Narcotic Drugs and Psychotropic Substances Act, 1985. As per the prosecution case, 19 kilograms of Ganja has been recovered from the possession of the petitioner. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner. Mandatory provision regarding search and seizure has not been followed. Mandatory provision regarding search and seizure has not been followed. Rigours of section 37 of the NDPS Act would not be attracted

Patna High Court CR. MISC. No.34882 of 2021(2) dt.09-09-2021 2/2 against the petitioner who is in custody since 14.2.2021 having clean antecedent.

Learned counsel appearing for the State opposes the prayer for bail and submits that huge quantity of Ganja has been recovered from the possession of the petitioner. Considering the rival submissions of the parties, materials available on the record and the quantity of recovery of narcotic substance, I am not inclined to grant bail to the petitioner. Petition for bail of the petitioner is rejected. However, once the charge is framed and trial commences, the petitioner shall be released on bail by the trial court to is own satisfaction on the condition that the petitioner will co-operate in disposal of the trial.

(Prabhat Kumar Singh, J) shashi/- U T