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Patna High CourtCR. MISC./55763/2016rejected

Guddu v. The State Of Bihar

2017-01-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55763 of 2016 Arising Out of PS.Case No. -322 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Guddu, Son of Asagar, Resident of Village- Biranpur, P.S. Kotwali, Distt. Fatehpur (U.P.).

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pranav Kumar, Advocate For the Opposite Party : Mr. Smt. Rita Verma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Barachatty P.S Case No. 322 of 2016 registered for the offences punishable under Sections 20/22/29 of the N.D.P.S. Act 1985. Allegedly, during checking of white colour swift desire vehicle, three bags of ganja was recovered from the dickey of the vehicle and the persons apprehended disclosed their name as Nawal @ Mishrilal, Guddu (petitioner) and Salman Khan and on search mobile and cash of Rs. 1250/- was also recovered form the possession of Mishrilal and on search of petitioner also mobile was recovered and earlier to that from vehicle bearing registration No. WP70P/4785, 50 kgs. ganja was recovered and on that vehicle

Patna High Court Cr.Misc. No.55763 of 2016 (2) dt.12-01-2017 2/2 two persons Jatish Saha and Deepak Paswan were sitting. The driver Jatish Saha disclosed that they lived in Delhi and kept ganja in the house in Delhi and handed over to lady namely Puspa and they purchased ganja from Bhuvneshwar. It is alleged that they are members of International Trade of ganja.

Submission is of false implication and that the petitioner is scrap dealer and he hired car of petitioner Mishri Lal for searching scrap material for Chauparan and they were intercepted by police while returning from there and the petitioner in jail custody since 20.08.2016 and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P opposes the prayer of bail by submitting that the recovery of huge quantity of ganja. In the facts and circumstances stated above, considering the alleged recovery, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected, in connection with Barachatty P.S Case No. 322 of 2016 pending in the Court of learned Sessions Judge, Gaya. (Jitendra Mohan Sharma, J.) Rajiv/- U T