Chandan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33521 of 2020 Arising Out of PS. Case No.-102 Year-2018 Thana- MIRGANJ District- Purnia ====================================================== Chandan Sharma Son of Sri Ramdeo Sharma resident of village- Kajra Navtoliya, P.S.- Mirganj, District- Purnea.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Amit Kumar Anand, Advocate.

For the State :

Ms. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-02-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 08.12.2020, within four weeks of starting of the Court proceeding in physical mode.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Supplementary Special (NDPS) Case No.13 of 2018/CIS No.19 of 2018, arising out of Mirganj P.S. Case No.102 of 2018, registered under Sections 20 and 22 of the NDPS Act, pending in the court of the 1st Additional Sessions Judge-cum-Special Judge, NDPS Act, Purnea.

The accusation is that on receiving the secret

Patna High Court CR. MISC. No.33521 of 2020(3) dt.24-02-2021 2/3 information about keeping of Ganja by Chandan Sharma (petitioner) in his house, situated in village-Kajra Navtoliya, the informant along with other police personnel reached there and saw some persons fleeing away from the back side of his house. However, one person was apprehended, who disclosed his name as Ravi Kumar alias Raveen Kumar. On query, he disclosed that the Ganja has been kept in the straw house of the petitioner and, on search of the straw house of the petitioner, 71.90 kilograms Ganja was recovered. The caught hold person also disclosed that his uncle Chandan Sharma (petitioner), Sujeet alias Surja and Chulha alias Chunchun used to bring the Ganja.

Learned counsel appearing on behalf of the petitioner submits that, earlier, the prayer of the petitioner to grant him bail was rejected by this Court vide order dated 28.02.2020 passed in Criminal Misc. No.9797 of 2020. The petitioner is in custody since 30.08.2019. After framing of the charge in this case, two witnesses have been examined and they have clearly stated that the straw house, which is said to be belonging to the petitioner, from where 71.90 Kilograms Ganja is said to be recovered, is 500 yards away from the house of the petitioner.

Patna High Court CR. MISC. No.33521 of 2020(3) dt.24-02-2021 3/3 from the straw house of the petitioner, I am not inclined to reconsider the prayer of the petitioner to grant him bail. Accordingly, the prayer of the petitioner for grant of bail is again rejected.

(Rajendra Kumar Mishra, J) P.S./- U T