IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7844 of 2010 RAMDEO DOM, Son of Late Jugal Dom, resident of Village- Tihuki, P.O. Langadi, P.S. Banjari, District- Parasa( Nepal). Versus STATE OF BIHAR ----------- 02 16-03-2010 Heard Mr. Arjun Prasad-1, learned counsel for the petitioner and Mr. Md. Abu Haidar,learned Counsel appearing on behalf of the Union of India The petitioner, who is in custody in connection with Purushotampur P.S. Case No. 24 of 2009 for offences under Sections 21,22,23 of the N.D.P.S. Act, has prayed for grant of bail. Learned counsel for the petitioner, while pressing this bail petition, submits that on 31.8.2009 at 11.15 P.M. the Officers of S.S.B received an information that some smugglers from Nepal are trying to cross the Boarder of India and thereafter an instruction was issued to its Force to be watchful. As submitted by the learned counsel for the petitioner, special instruction was issued at 3.50 P.M. in the night on 31.8.2009. Subsequently, 5-6 smugglers were noticed, but after seeing the police force the accused persons started fleeing away. However, this petitioner, according to - 2 - the petitioner, who was going to his in-laws house, was apprehended by the S.S.B. He submits that the petitioner has got clean antecedent. He has doubted the entire prosecution case. Learned counsel appearing on behalf of the Union of India, while opposing the prayer for bail, submits that in this case about 150 Kg Ganga was recovered. He further submits that after noticing the S.S.B.Force, the smugglers started fleeing away and after chase, the petitioner was apprehended. In view of the fact that 150 Kg Ganja was recovered I am not inclined to grant the privilege of bail to the petitioner. Accordingly, the petition for bail of the petitioner is rejected. NKS/- ( Rakesh Kumar, J)