Patna High CourtCR. MISC./68177/2021disposed

Suresh Sah v. The State Of Bihar

2022-03-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68177 of 2021 Arising Out of PS. Case No.-101 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== SURESH SAH S/o Late Judagi Sah R/o village- Purani Bazar, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 8/20/22 of the N.D.P.S. Act.

As per the prosecution case, 9 Kg of Ganja has been recovered from the possession of the house of this 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 rather the recovery is made from the house which is joint possession of family. It is submitted that mandatory provision with regard to search and seizure has not been followed and since the recovered quantity

Patna High Court CR. MISC. No.68177 of 2021(2) dt.03-03-2022 2/2 of narcotic substance is less than commercial quantity, rigours of Section 37 of the NDPS Act could not be attracted against this petitioner. Petitioner is in custody since 24.03.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that more than small quantity of Ganja has been recovered from the possession of the petitioner. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner, shall be released on bail by the trial court to its own satisfaction on the condition that the petitioner will co-operate in the trial.

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