Umashankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61667 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- CHARPOKHARI District- Bhojpur ====================================================== Umashankar Singh S/o Baliram Singh R/o village- Jokta, P.S.- Chandi, District- Bhojpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-03-2022 Heard both parties.

The petitioner seeks bail in Charpokhari P.S. Case No. 02 of 2021, registered for the offence punishable under Sections 8/20(b)(ii)(c)/27 of the Narcotic Drugs and Psychotropic Substances Act.

As per the prosecution case, 937 KG of Ganja has been recovered from the house of co-accused Amrendra Kumar Singh and this petitioner and co-accused Md. Noor Alam were arrested on the spot.

It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner. Recovery has been made from the house of co-accused Amrendra Kumar Singh. Mandatory provision of search and seizure has not been followed and petitioner is in custody since

Patna High Court CR. MISC. No.61667 of 2021(3) dt.29-03-2022 2/2 01.01.2021.

Learned APP however, vehemently opposed the prayer for bail and submitted that more than commercial quantity of Ganja has been recovered and petitioner was apprehended on the spot.

Considering the rival submissions and quantity of recovered narcotic susbtance, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T