Patna High CourtCR. MISC./43686/2021disposed

Ram Suresh Bhagat v. The State Of Bihar

2022-01-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43686 of 2021 Arising Out of PS. Case No.-156 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== RAM SURESH BHAGAT Son of Late Ram Prasad Bhagat Resident of Village - Fatepur Khudgas, Ward No. 14, P.S.- Raghopur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2022 Heard learned counsel for the petitioner and the State.

The petitioner prays for grant of regular bail in Sursand Police Station Case No. 156 of 2021 registered for the offence punishable under section 8 and other allied sections of the Narcotic Drugs and Psychotropic Substances Act, 1985. As per the prosecution case, 13 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. It is further submitted that less than commercial quantity of Ganja has been recovered from the possession of the petitioner as such rigours

Patna High Court CR. MISC. No.43686 of 2021(2) dt.18-01-2022 2/2 of section 37 of the NDPS Act would not be attracted against the petitioner. Petitioner claims clean antecedent. He is in custody since 5.4.2021.

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, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Sitamarhi in Sursand Bhittha OP Police Station Case No. 156 of 2021, once the charge is framed in the case.

(Prabhat Kumar Singh, J) Shashi U T