Ram Chandra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57840 of 2015 Arising Out of PS.Case No. -1 Year- 2014 Thana -TARABARI District- ARRARIA ====================================================== Ram Chandra Singh son of Khushi Lal Singh resident of Kajurbari, P.S. - Kursa Kanta, Distt. - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agrawal, Advocate Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. M. RAB (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Tarabari P.S. Case No. 01 of 2014 registered for the offences punishable under Sections 22, 23 and 24 of the N.D.P.S. Act. Allegedly, acting on an information, the informant and other police personnel went at the destination and saw two motorcycles coming but all the three persons who were riding on motorcycles fled away, however from motorcycles, 12 packets containing 40 kg. Ganja were recovered from the bag. During investigation it transpired that the Bajaj Discover motorcycle, which was carrying plastic bag containing 40 Kg. of Ganja,

Patna High Court Cr.Misc. No.57840 of 2015 (4) dt.02-03-2016 2/2 bearing Registration No. BR 38 E 3924 is of the petitioner and the petitioner has also admitted that he is the owner of the said motorcycle.

Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner, mandatory provision of N.D.P.S. Act has not been followed, the said motorcycle of the petitioner was taken away by his relative prior to the said occurrence and the petitioner has been made victim of the circumstance only due to the reason that he is the owner of said Bajaj Discover motorcycle.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, considering that from the motorcycle of the petitioner, 40 Kg. of Ganja was recovered and, as such, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) sushma/- U T