Basisth Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42978 of 2015 Arising Out of PS.Case No. -10 Year- 2014 Thana -FATUHA District- PATNA ======================================================

1. BASISTH KUMAR Son of Sri Durga Rai, Resident of Village Naya Tola, Raghopur, Police Station - Bakhtiyarpur, in the district of Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Zonal Director, Narcotic Bureau, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Anand For the Opposite Party/s : Mr. Md.Ashlam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Fatuha P.S. Case No. 10 of 2014 registered for the offences punishable under Section 20/22 of the Narcotic Drugs and Psychotropic Substances Act.

Acting on a tip of that in one Bolero vehicle, several persons are sitting, carrying Ganga and the same was inspected and 46 packets ganja, each of 2 Kg. total 92 Kg., cash of Rs. 11,970/- and mobiles were recovered for which no document was produced.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.42978 of 2015 (4) dt.02-12-2015 2/2 petitioner was travelling in the said Bolero and ganja was not within his knowledge and he is suffering in custody since 11.01.2014, having no criminal antecedent.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, considering the recovery of 92 Kg. of Ganja from the Bolero vehicle wherein the petitioner was also present, this Court is not inclined to enlarge the petitioner on bail and, as such, prayer stands rejected.

(Jitendra Mohan Sharma, J) sushma/- U