This order rejects the petitioner's application for bail in a narcotics case where ganja was recovered from a vehicle in which he was a passenger. The court denied bail citing the alleged recovery.
Application for bail rejected.
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Patna High Court Cr.Misc. No.23406 of 2017 (3) dt.03-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23406 of 2017
Arising Out of PS.Case No. -322 Year- 2016 Thana -BARACHATTI District- GAYA
====================================================== Deepak Paswan Son of Bhuley Paswan, Resident of Village- Jaraee, P.S.Arer, District- Madhubani. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
The petitioner seeks bail in connection with Barachatti P.S. Case No. 322 of 2016 registered for the offences punishable under Sections Barachatti P.S. Case No. 322 of 2016 registered for the offences punishable under Sections 20, 22, 29 of Narcotic Drugs & Psychotropic Substances Act.
Allegedly, the petitioner and Jattish Sah were apprehended from Wagon R and from that Wagon R 25 packets Ganja each of 2 kilograms total 50 kilograms were recovered.
Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner, the petitioner has got no criminal antecedent. He was given lift by the driver of Wagon R as a passenger and as passenger he was sitting in that vehicle, he has got no concern with the any material kept in
Patna High Court Cr.Misc. No.23406 of 2017 (3) dt.03-07-2017
the vehicle, nothing has been recovered from his conscious possession 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
1 issue framed by the court
Whether the petitioner is entitled to be granted bail in a narcotics case involving recovery of ganja from the vehicle in which he was a passenger.
Deepak Paswan
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
