Mahendra Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.697 of 2022 Arising Out of PS. Case No.-413 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== MAHENDRA PATHAK Son of Vashishtha Pathak Resident of Village - Masarh, Masar, P.S.- Udawant Nagar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 20(b)(ii)(c) and 29 of the N.D.P.S. Act. As per prosecution case, 25 kg. of Ganja has been recovered from a T.V.S. Apache motorcycle and this petitioner, who was riding on the motorcycle, was apprehended on spot. It is submitted on behalf of petitioner that nothing has been recovered from the possession of the petitioner. Recovery has been from the motorcycle, which does not belong to this petitioner. Mandatory provision with regard to search and seizure has not been followed. Petitioner has got clean antecedent and he is in custody since 25.09.2021. However, learned A.P.P. for the State has opposed the bail petition and submitted that commercial quantity of Ganja has been recovered.

Patna High Court CR. MISC. No.697 of 2022(3) dt.25-04-2022 2/2 Considering the quantity of alleged Ganja and restriction imposed under Section 37 of the N.D.P.S. Act, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

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