Ashok Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4876 of 2015 Arising Out of PS.Case No. -463 Year- 2014 Thana -BARACHATTI District- GAYA ======================================================

1. Ashok Prasad S/O Late Mahendra Prasad Resident of vill-Kumbi Tari,P.S-Fathepur,Distt.-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrigendra Pratap Singh For the Opposite Party/s : Mr. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-03-2015 Heard both sides.

The petitioner seeks regular bail in a case under sections 20 and 22 of the N.D.P.S. Act.

The petitioner was arrested along with Satendra Kumar, Deepak @ Dipu and Pramod Kumar. From the motor cycle of the petitioner 11 Kg. of Ganja was recovered. From the cycle of Deepak 5Kg. Ganja and from the cycle of Pramod Kumar 4 Kg. Ganja was recovered.

It is submitted that the search and seizure was conducted contrary to the provisions of sections 42 and 50 of the N.D.P.S. Act.

Considering the allegation that 11 Kg. Ganja was recovered while the petitioner and Satendra was taking the same

Patna High Court Cr.Misc. No.4876 of 2015 (3) dt.11-03-2015 on a motor cycle bearing registration no. BR-2P- 8027, I am not inclined to enlarge the petitioner on bail in connection with Barachatti (Mohanpur) P.S. Case No. 463 of 2014 pending in the court of the Sessions Judge, Gaya. His prayer for bail is accordingly rejected.

(Prabhat Kumar Jha, J) Amin/- U