Patna High CourtCR. MISC./58999/2022dismissed

Mani Singh @ Manni Singh v. The State Of Bihar

2023-01-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58999 of 2022 Arising Out of PS. Case No.-118 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== MANI SINGH @ MANNI SINGH S/O GENDO SINGH @ GEDU SINGH @ GEDO SINGH Resident of Village- Laualagan, P.S.- Gamharia, DistrictMadhepura (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar 1, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Chausa P.S. Case No. 118 of 2022, registered for the offence punishable under Sections 20, 22, 23 and 24 of the N.D.P.S. Act. The allegation is regarding recovery of 28 kg. ganja from the house of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 04.06.2022.

Patna High Court CR. MISC. No.58999 of 2022(2) dt.13-01-2023 2/2 Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record, this Court finds that the quantity of ganja, seized from the house of the petitioner, is much more than the commercial quantity defined in the schedule notified under the provisions of the NDPS Act, 1985, hence considering the stringent provisions contained under Section 37(1)(b) of the NDPS Act, 1985, I am not inclined to grant bail to the petitioner herein, thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/Saurav U T