Jitendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16106 of 2021 Arising Out of PS. Case No.-39 Year-2020 Thana- INARWA District- West Champaran ====================================================== Jitendra Sah, Son of Shivaji Sah Resident of Village - Khamhiya, P.S.- Inarwa, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-10-2021 Heard the parties.

The petitioner is languishing in custody for the offence punishable under Section 414/34 of the Indian Penal Code and Section 8, 20(b)(ii)(B) of the N.D.P.S. Act. 22 Kg of ganja was allegedly recovered from the house of the petitioner.

Submission is that though the signature of the petitioner is there on some other papers such as consent to be searched in absence of a Magistrate, but seizure list does not bear signature of the petitioner. There is non-compliance of mandate of law in the matter of search and seizure. Petitioner is in custody since 13.06.2020.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge him on bail in connection

Patna High Court CR. MISC. No.16106 of 2021(3) dt.04-10-2021 2/2 with Inarwa P.S. Case No. 39 of 2020. The compliance of law shall be considered at the time of trial.

(Birendra Kumar, J) mantreshwar/- U T