Ganesh Pandit @ Ganesh Kumar Pandit @ Ganesh Kumar v. The State of Bihar
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No. 65155 of 2024, oral order dated 14-11-2024 by Justice Anil Kumar Sinha rejecting anticipatory bail sought by Ganesh Pandit @ Ganesh Kumar Pandit @ Ganesh Kumar apprehending arrest in Fulkaha P.S. Case No. 51 of 2023 (District Araria) under Sections 8/20(b)(ii)(A) N.D.P.S. Act and Sections 25(1-b)a, 26/35 of the Arms Act; prosecution alleged 500 gm "Ganja" recovered beneath the seat of a motorcycle driven by the petitioner coming from the Nepal side, with co-accused pillion rider Ravi Kumar caught with a country-made loaded pistol and disclosing the petitioner's name; counsel raised absence of FSL report and non-recovery from petitioner's conscious possession; bail refused on account of the recovery and disclosure.
What did the court decide?
Taking into consideration that 500 gm of "Ganja" was recovered from beneath the seat of the motorcycle being driven by the petitioner and that his name surfaced in the disclosure made by the apprehended pillion rider, the court was not inclined to extend the privilege of anticipatory bail to the petitioner.