Rudra Nand Jha v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.4621 of 2017 (2) dt.07-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4621 of 2017 Arising Out of PS.Case No. -5 Year- 2016 Thana -SIKTI District- ARRARIA ====================================================== Rudra Nand Jha Son of Bhola Jha @ Chandrakant jha, Resident of VillageSatwer, P.S. Sikty (Bardaha) District-Araria..... .... Petitioner

Versus

1. The State of Bihar

2. Union of India through the Deputy Director, Directorate of Revenue Intelligence, Regional Unit, Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sarangdhar Jha For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sikti (Bardaha) P.S. Case No. 5 of 2016 registered for the offences punishable under Sections 8 ( c), 20 (B), 22, 23 and 24 N.D.P.S. Act.

Allegedly, from the house of the petitioner 13 kilogram ganja was recovered but the petitioner succeeded in fleeing away.

Submission is of false implication and that proper procedure has not been followed as per provision of N.D.P.S. Act. Search was made also in violation of the mandatory provision of law. FSL report has not been received up-till now. Seizure list

Patna High Court Cr.Misc. No.4621 of 2017 (2) dt.07-03-2017 witnesses are not supporting the alleged seizure and as such the petitioner deserves sympathetic consideration. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the alleged recovery, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T