Shyam Lal Yadav @ Shyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48200 of 2018 Arising Out of PS. Case No.-232 Year-2018 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Shyam Lal Yadav @ Shyam Yadav, Son of late -Bhuneshwar Yadav, Resident of Village-Bhawanipur, Kamakhiya Asthan, P.S.-K. Nagar (Maranga), District-Purnea.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahani, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-09-2018 Heard Sri Amit Kumar Anand, learned counsel for the petitioner and Sri Ramchandra Sahani, learned Addl. Public Prosecutor.

The sole petitioner has prayed for grant of bail in Special Case No. 08 of 2018 {arising out of K. Nagar (Maranga) P.S. Case No. 232 of 2018} registered for offence under Sections 20 and 22 of the Narcoutic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'N.D.P.S. Act'). It was submitted by learned counsel for the petitioner that it is true that in this case, there was recovery of 156 kg of Ganja, but fact remains that nothing was recovered from the conscious possession of the petitioner. He submits that the house, from where some of Ganja was shown to be recovered,

Patna High Court Cr.Misc. No.48200 of 2018(5) dt.19-09-2018 2/2 was in joint possession, not in separate possession of the petitioner.

Learned Add. Public Prosecutor has opposed the prayer for bail.

Considering the nature of accusation as well as restriction imposed in the N.D.P.S Act, there is no reason to pass favourable order.

Accordingly, the prayer for bail stands dismissed. (Rakesh Kumar, J.) nawalkrs/- U T