Patna High CourtCR. MISC./10185/2017dismissed

Chandra Ket Singh v. The State Of Bihar

2017-03-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10185 of 2017 Arising Out of PS.Case No. -311 Year- 2016 Thana -BUDDHACOLONY District- PATNA ====================================================== Chandra Ket Singh, S/o Late Anandi Singh, Resident of Mohalla- Budh Marg, China Kothi near Rail Police Line Kendra Budh Marg, P.S.- Budha Colony, District- Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Special Case No. 85 of 2016, arising out of Budha Colony P.S.Case No. 311 of 2016 registered for the offences punishable under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substance Act.

It has been submitted on behalf of the petitioner that petitioner was not apprehended at the spot as there is no compliance of Section 100 Cr.P.C. It has further been submitted that another co-accused, Deepak Kumar, has been granted bail by this Court in Cr.Misc.No. 2362 of 2017 vide order dated 3.2.2017 (Annexure-2) and statements of seizure list witnesses have not been recorded by police under Section 161 Cr.P.C., which will

Patna High Court Cr.Misc. No.10185 of 2017 (2) dt.03-03-2017 2/2 appear from the impugned order.

Heard learned APP also, who has opposed the prayer for bail stating that that huge quantity of ganja has been recovered from the hut, which belongs to the petitioner. Having heard both sides and considering the fact that huge quantity of ganja has been recovered from the hut belonging to the petitioner and so far grant of bail to other co-accused, he is son of the petitioner and the hut belongs to the petitioner, I am not inclined to grant bail to the petitioner.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U