Patna High CourtCR. MISC./35621/2015rejected

Ram Sujan Sharma v. The State Of Bihar

2015-11-24Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.35621 of 2015 (3) dt.24-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35621 of 2015 Arising Out of PS.Case No. -40 Year- 2012 Thana -HULASGANJ District- JEHANABAD ======================================================

1. Ram Sujan Sharma S/o Late Beni Sharma, resident of village- Kewla, P.S.- Hulashganj (Ghoshi), District- Jehanabad (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar through Spl. P.P. N.D.P.S. Act .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Jharkhandi Upadhyay For the Opposite Party/s : Mr. Kalayan Shankar (App) Mr. Shyam Bihari Singh, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-11-2015 Heard learned Sr. Counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Hulasganj P.S. Case No. 40 of 2012 registered for the offence punishable under Sections 20, 22 of Narcotic Drugs & Psychotropic Substances Act.

Allegedly, from the house of the petitioner 12 Kg. Ganja was recovered and the petitioner succeeded in fleeing away. Submission is of false implication and that the house is in joint possession, the alleged recovered Ganja does not come under the purview of commercial quantity and as such the petitioner who is suffering in custody since 31.03.2015 deserves

Patna High Court Cr.Misc. No.35621 of 2015 (3) dt.24-11-2015 sympathetic consideration to which the learned APP opposes by submitting that FSL report shows that the seized article was Ganja and during investigation the witnesses have supported the prosecution case.

In the facts and circumstances stated above and considering the alleged recovery, at this stage, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T