Mantu Sah @ Suresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1628 of 2018 Arising Out of PS.Case No. -138 Year- 2017 Thana -SANGRAMPUR District- MUNGER ====================================================== Mantu Sah @ Suresh Sah S/o Late Jagarnath Sah, R/o Village + P.S.- Sanagrampur, Distt.- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Kamal Nayan For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 20 and 22 of the NDPS Act.

The prosecution case as per the informant, S.I. Dinesh Kumar is to the effect that on 31.10.2017 at 11.05 A.M. he received information that petitioner is illegally selling ganja. On such information a raiding team was constituted and the house of the petitioner was raided when the petitioner tried to flee away but his wife was apprehended, who disclosed her name as Guriya Devi and from the verandah of the house of the petitioner from a plastic bag 800 gms. ganja was recovered.

Patna High Court Cr.Misc. No.1628 of 2018 (2) dt.11-01-2018 2/2 It is submitted by learned counsel for the petitioner that the recovery of ganja has been made from an open area and it cannot be treated from the house of the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Mr. Raj Kishore Singh, learned counsel for the State submits that the recovery has been made from the verandah of the house of the petitioner.

Considering the fact that the recovery has been made from an open area and recovery is of small quantity, it is a case for consideration of prayer for regular bail by the learned Court below, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Sangrampur P.S. Case No. 138 of 2017 pending in the court of learned Sessions Judge, Munger. With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T