Siyaram Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54872 of 2021 Arising Out of PS. Case No.-102 Year-2021 Thana- CHHAURADANO District- East Champaran ====================================================== Siyaram Prasad Yadav S/O Asheshwar Prasad Yadav Resident of VillagePachgachiya, P.S.- Kawai, District- Bara (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

06-12-2021 Heard learned counsel for the parties.

The petitioner seeks bail in NDPS Case No. 38 of 2021, arising out of Chauradano (Mahuawa) P.S. Case No. 102 of 2021, registered for the offence under Section 20(b)(ii) (B) of the N.D.P.S. Act.

As per prosecution case, 5 kg. & 700 gm. of Ganja has been recovered from the possession of the petitioner. It is submitted on behalf of petitioner that nothing has been recovered from the possession of the petitioner. Mandatory provision with regard to search and seizure has not been followed. The alleged recovered Ganja is less than commercial quantity and as such, rigors of Section 37 of the N.D.P.S. Act would not be attracted. Petitioner has got clean antecedent and he is in custody since 28.04.2021.

Patna High Court CR. MISC. No.54872 of 2021(2) dt.06-12-2021 2/2 However, learned A.P.P. for the State has opposed the bail petition and submitted that in this case, huge quantity of Ganja has been recovered.

Considering the rival submissions of the parties and the recovery of alleged Ganja, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court on the condition that he will cooperate in disposal of trial and appear before the trial court, as and when required. (Prabhat Kumar Singh, J.) anay/- U T