Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66301 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== AJAY YADAV SON OF MUNNI YADAV RESIDENT OF VILLAGEKUADH, P.S. JAYNAGAR, DISTRICT MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 20/22 of the N.D.P.S. Act. As per the prosecution case, 61.300 Kg of Ganja has been recovered from the possession of the petitioner. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. It is submitted that mandatory provision with regard to search and seizure has not been followed. Petitioner claims clean antecedent and is in custody since 12.01.2021 and investigation in this case is complete.

Patna High Court CR. MISC. No.66301 of 2021(3) dt.11-03-2022 2/2 Learned counsel appearing for the State opposes the prayer for bail and submits that more than commercial quantity of Ganja has been recovered from the possession of the petitioner.

Considering the facts of the case, quantity of recovery of Ganja and embargo of Section 37 of NDPS Act, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

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