Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69790 of 2021 Arising Out of PS. Case No.-120 Year-2021 Thana- KURSAILA District- Katihar ====================================================== 1.

RANJIT KUMAR Son of Jawahar Singh Resident of Village - Fuldobhi, P.S.- Falka, District - Katihar 2.

Gopal Kumar Sah Son of Panchalal Sah Resident of Village - Musapur, P.S.- Korha, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brisketu Sharan Pandey, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2022 Heard both parties through video conferencing. The petitioners seek bail in Kursela P.S. Case No. 120 of 2021, registered for the offence punishable under Sections 20/22 of the NDPS Act.

As per the prosecution case, on secret information a raid was conducted in the house of co-accused Vikash Kumar Mandal and after seeing the police party several persons started fleeing away. Seven persons excluding the petitioners were apprehended by the police. 298 KG of Ganja has been recovered from house of co-accused Vikash Kumar Mandal. It is submitted on behalf of the petitioners that nothing has been recovered from conscious possession of this

Patna High Court CR. MISC. No.69790 of 2021(2) dt.04-03-2022 2/2 petitioners. No case under Section 20/22 of the NDPS is made out against this petitioners, as there is no recovery from them. They are in custody since 7.8.2021 and 25.10.2021 respectively. Learned APP however, vehemently opposed the prayer for bail and submitted that huge quantity of narcotic substance has been recovered from the house of co-accused Vikash Kumar and these petitioners are the members of the said organized criminal group.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioners above named on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) shashi/- U T