Ranjeet Rai @ Ranjit Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67485 of 2021 Arising Out of PS. Case No.-270 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== RANJEET RAI @ RANJIT RAY S/o Amindar Rai R/o Village- Basotara @ Basotra, P.S.- Choraut, Dist- Sitmarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through S.P. Sitamrhi. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-05-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks anticipatory bail in a case registered for the offence punishable under Section 8(C ), 20(b), (ii)C, 23©, 27(A), 29 of the N.D.P.S. Act.

As per the prosecution case, 60.200 Kg. of Ganja has been recovered from a tempo and this petitioner is alleged to have fled away after seeing the police.

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

Patna High Court CR. MISC. No.67485 of 2021(2) dt.25-05-2022 2/2 been followed and since the recovered quantity of narcotic substance is less than commercial quantity, rigours of Section 37 of the NDPS Act could not be attracted against this petitioner. Learned counsel appearing for the State opposes the prayer for bail and submits that more than small quantity of Ganja has been recovered from a tempo and this petitioner is alleged to have fled away after seeing the police. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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