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Patna High CourtCR. MISC./45207/2019dismissed

Suresh Bhagat v. The State Of Bihar

2019-07-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45207 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- BAUNSI District- Banka ====================================================== 1.

Suresh Bhagat, Son of Late Sarjug Bhagat, Resident of Village - Daliya, P.S.- Bounsi, Dist.- Banka.

2.

Udip Bhagat, Son of Suresh Bhagat, Resident of Village - Daliya, P.S.- Bounsi, Dist.- Banka.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2019 This is an application for grant of anticipatory bail in connection with Bounsi P.S. Case No. 10 of 2019, disclosing offences under Sections 20, 22 and 23 of the N.D.P.S. Act. Allegation is of recovery of 6.75 Kg of Ganja from the house of the petitioners.

Submission of the learned counsel for the petitioners is that petitioner no.1 is aged about 69 years and he is physically handicapped and they have falsely been implicated in this case. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that there is recovery from the house of petitioners.

Having heard both sides, in view of the allegation and the quantity of the Ganja recovered from the house of the

Patna High Court CR. MISC. No.45207 of 2019(2) dt.23-07-2019 2/2 petitioners, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, they may surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below as per the submission that petitioner no.1 is 40% disable person and considering the fact, dispose of the bail application of the petitioners.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T