Sadanand Patel And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6861 of 2018

1. Sadanand Patel S/o Thakurram Patel Aged About 28 Years

2. Kailash Patel S/o Dasharam Patel Aged About 32 Years Both R/o Village- Sagundhap Rajakatela, Thana- Sankra, DistrictMahasamund, CG ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police StationSankra, District- Mahasamund, CG ---- Respondent For applicant Mr. Vikash Shrivastava, Adv.

For Respondent/State Mr. Vasim Miyan, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 12-10-2018

1. This is second bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court. Their first bail application being MCRC No. 3725/2018 was dismissed by this Court vide order dated 26-8-2018 on merit.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No. 32/2018 registered at Police Station Sankra, District Mahasamund (C.G.) for the offence punishable under Section 20 (B) of the NDPS Act.

3. In brief, the prosecution story is that during the vehicle checking on 28/02/2018 Sub Inspector Komal Netam, Police Station Sankra stopped the motorcycle bearing C.G. 06 P 5203. Applicants were seated on that motorcycle. From applicants' possession 12 Kg. Cannabis was seized.

4. Counsel for the applicant argued that the applicant is innocent and falsely implicated hence he may be released on bail.

5. On the other hand, the State Counsel opposed the bail application.

6. There is no change in the circumstances which may entitle the applicants to be released on bail.

7. Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge pathak