Mani Singh @ Manni Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36619 of 2023 Arising Out of PS. Case No.-118 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== MANI SINGH @ MANNI SINGH SON OF GENDO SINGH @ GEDU SINGH @ GEDO SINGH RESIDENT OF VILLAGE- LAUALAGAN, PSGAMHARIA, DISTT- MEDHEPURA , BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar 1, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2023 The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection with Chausa P.S. Case No. 118 of 2022 registered under Sections 20, 22, 23 and 24 of the NDPS Act, inasmuch as the earlier petition of the petitioner for grant of bail was dismissed by this Court by an order dated 13.01.2023 passed in Criminal Misc. No. 58999 of 2022.

The allegation is regarding recovery of 28 Kg. of Ganja from the house of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in

Patna High Court CR. MISC. No.36619 of 2023(2) dt.21-06-2023 2/2 custody since 04.06.2022.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail apart from the fact that the quantity of ganja seized from the house of the petitioner, is much more than the commercial quantity defined in the schedule notified under the provisions of the NDPS Act, 1985, which attracts the stringent provisions contained under Section 37(1)(b) of the NDPS Act, 1985, hence I am not inclined to grant bail to the petitioner herein, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T