Patna High CourtCR. MISC./45526/2021bail rejected

Garhan Choudhary v. The State Of Bihar

2021-11-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45526 of 2021 Arising Out of PS. Case No.-34 Year-2021 Thana- GAUNAHA District- West Champaran ====================================================== Garhan Choudhary Son of Gaurishankar Choudhary Resident of VillageRampurawa (Parsa), P.S.- Gaunaha, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-11-2021 Heard both parties.

The petitioner seeks bail in Gaunaha P.S. Case No. 34 of 2021, registered for the offence punishable under Sections 20(b) II(B)/23(B) of the NDPS Act.

As per the prosecution case, 2.850 KG of Ganja has been recovered from possession of this petitioner. It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner. The recovered Ganja is less than commercial quantity, as such rigorous of Section 37 of the NDPS Act, would not be attracted. Mandatory provision of search and seizure has not been followed. Petitioner is in custody since 23.02.2021 having clean antecedent.

However, counsel for the State vehemently opposed

Patna High Court CR. MISC. No.45526 of 2021(2) dt.15-11-2021 2/2 the prayer for bail and submitted that huge quantity of Ganja has been recovered from possession of this petitioner. Considering the nature of allegation, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court on its own satisfaction and on the condition that petitioner will cooperate in disposal of trial and appear before the court, as and when required.

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