Shailesh Prasad @ Shailendra Prsasd v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52590 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Shailesh Prasad @ Shailendra Prsasd, S/o Suraj Prasad Singh, Resident of Village- Raibag, P.S.- Didarganj, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with N.D.P.S. Case No. 6 of 2017, arising out of Dalsingsarai P.S. Case No. 39 of 2017 dated 19.02.2017 instituted for the offences under Sections 8/20(C), 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The petitioner was found to be sitting in a Bolero vehicle along with six other persons, from where 10 packets each containing 5 kg. Ganja was recovered. Along with the Bolero vehicle, one truck was also intercepted and from the truck, 72 packets, each containing 10 kg. Ganja was also recovered. For the narcotics recovered from the truck, three other persons have been

Patna High Court Cr.Misc. No.52590 of 2017 (3) dt.21-12-2017 made accused. Though the petitioner denies of his being present in the Bolero vehicle when the raid was conducted but submits that even if such allegation is accepted to be ex facie true, the petitioner would be attributed with being in possession of around171⁄2 kg. of Ganja. It is further submitted that the provisions of search and seizure were not followed by the police. The petitioner has a clean antecedent and is in custody since 21.02.2017. A similarly situated co-accused viz. Ashok Kumar has been granted bail by a coordinate Bench of this Court vide order dated 26.07.2017 passed in Cr. Misc. No. 27634 of 2017. In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Samastipur in connection with N.D.P.S. Case No. 6 of 2017, arising out of Dalsingsarai P.S. Case No. 39 of 2017. (Ashutosh Kumar, J) KKSINHA/- U T