Udip Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78406 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- BAUNSI District- Banka ====================================================== UDIP BHAGAT Son of Suresh Bhagat Resident of Village - Daliya, P.S.- Bounsi, Distt - Banka.
... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Bounsi P.S. Case No. 43 of 2019 registered for the offence punishable under Sections 20, 22 and 23 of N.D.P.S. Act. Informant is the Police Officer, who in his written complaint has stated that on 14.03.2019 at about 4:00 PM alongwith other police personnel were on patrolling when he received a confidential information that Udip Bhagat and his agnates are indulged in illicit sale of Ganja from their house and on receiving said information, the house of Udip Bhagat (petitioner) was searched in presence of Circle Officer and from his house beneath his Chowki 6.5 Kg of Ganja kept in Plastic bag was recovered and 500 gram of Ganja and 98 piece of
Patna High Court CR. MISC. No.78406 of 2019(2) dt.02-12-2019 2/2 Cheelum was also recovered and from his agnates Sanjay Kumar Bhagat and Rajesh Bhagat 1-1 Kg of Ganja kept in two packets were recovered as well as 155 pieces of Cheelum was recovered and since Sanjay Kumar Bhagat and Rajesh Bhagat were present in their house, they were apprehended. Since there is recovery of 6.5 Kg of Ganja from the house of petitioner kept beneath his chowki, I am not inclined to grant bail to the petitioner at this stage. Accordingly the prayer for bail is rejected. However, after one year of custody the petitioner would be at liberty to renew his prayer for bail. (S. Kumar, J) veena/- U T