Patna High CourtCR. MISC./19701/2017rejected

Monu Basu And ANR v. The State Of Bihar

2017-06-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19701 of 2017 Arising Out of PS.Case No. -392 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Monu Basu, Son of Gajen Basu, Resident of Village - Gosanimari (Takimari), P.S. Sitai, District - Cooch Behar (W.B.)

2. Smt. Parita Sarkar @ Parita Sarkar, Wife of Upen Chandra Sarkar, Resident of Village - Rajaram Jaidwar, P.S. Chital Kuchi, District - Cooch Behar (W.B.) .... .... Petitioners

Versus

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

For the Petitioners : Mr. Amal Kumar Sinha, Advocate.

For the Opposite Party : Mr. Brajendra Nath Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-06-2017 Heard both sides.

The petitioners seek bail in Gopalganj (Town) P.S. Case No. 392 of 2016, corresponding to Trial No. 29 of 2016, registered for the offences punishable under Sections 414 and 120B of the Indian Penal Code and under Sections 8/20 (b)(ii)(C), 18, 22, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act. The informant alleged that on secret information that some persons were bringing Ganja to deliver somebody in the district of Gopalganj, the informant started vehicle checking and one Alto car was intercepted. Afzal Mian was driving the vehicle and both the petitioners were found sitting inside the car bearing registration number WB-74AF/8326 and 100 kilograms of Ganja was recovered.

Patna High Court Cr.Misc. No.19701 of 2017 (3) dt.21-06-2017 2/2 Learned counsel for the petitioners submits that one of the petitioners is a lady and she had no knowledge about the Ganja kept in the car but, it appears that both the petitioners were carrying Ganja along with the driver of the vehicle. Commercial quantity of Ganja was recovered from beneath the seat on which the petitioners were sitting and they were transporting the Ganja. Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T