Patna High Court - Orders
Ganesh Sah vs The State Of Bihar on 25 February, 2023
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62478 of 2022
Arising Out of PS. Case No.-293 Year-2022 Thana- LAHERIYASARAI District- Darbhanga
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GANESH SAH S/o Raja Sah R/o Mohalla- Mogalpura, P.S.- Laheriasarai,
District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ugranath Mallik, Advocate.
For the Opposite Party/s : Mr. Nityanand, APP.
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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
5 25-02-2023Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in connection with Laheriasarai P. S. Case No. 293 of 2022 registered for the offences punishable under Sections 20(b)(11)A/22(a) Narcotic Drugs And Psychotropic Substances Act and Section 30 (a) of the Bihar Prohibition and Excise Act.
As per the prosecution case, total 290 grams ganja, 320 capsules of PYEEVON SPAS PLUS were recovered from the Gomati shop of the co-accused Parwati Devi and total 110 grams ganja, 216 capsules of PYEEVON SPAS PLUS and 60 bottles of 300 ml each of Nepali country-made illicit liquor were Patna High Court CR. MISC. No.62478 of 2022(5) dt.25-02-2023 2/3 recovered from the Gumati shop of the petitioner.
Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. No such occurrence as alleged has ever taken place. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was not present at the place of occurrence. The learned counsel further submitted that no case is made out against the petitioner. The seized contraband is more than small quantity but less than commercial quantity. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition.
Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail petition of the petitioner and submitted that huge quantity of contrabands has been recovered from the Gumati shop of the petitioner. The recovered 216 capsules of PYEEVON SPAS PLUS contains paracetamol and Dextropropoxyphene and the said Dextropropoxyphene is a psychotropic substance and the said contrabands is more than small quantity. Learned APP for the State also placed reliance on the judgement in the case of Hira Singh and Anr. Vs. Union of India and Anr, (2020)20 Supreme Court Cases 272 of Hon'ble Apex Court has held that "weight of entire Patna High Court CR. MISC. No.62478 of 2022(5) dt.25-02-2023 3/3 materials/mixture along with neutral material is to be considered for ascertainment of whether the quantity is "small quantity" or "commercial quantity". Total 110 grams ganja and 60 bottles of 300 ml each of Nepali country-made liquor were also recovered from the conscious possession of the petitioner. The petitioner was identified by the local persons in course of fleeing away. The case diary also transpires that the witnesses have supported the prosecution case.
In view of the aforesaid facts and circumstance of the case as well as the recovery from conscious possession the petitioner, it is not a fit case for anticipatory bail. Accordingly, the prayer of anticipatory bail is disposed of with a direction to the petitioner to surrender before the Court below concerned within six weeks form the date of this order and the prayer for regular bail, the learned Court below will consider his prayer for regular bail in accordance with law without being prejudiced by this court.
(Chandra Prakash Singh, J) shakir/-
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