IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41296 of 2010 SHISHUPAL SINGH @ SHISHUPAL KUMAR SINGH Versus THE STATE OF BIHAR with Cr.Misc. No.42657 of 2010 SHAMBHU SINGH Versus THE STATE OF BIHAR ----------- 04. 16.03.2011. Heard Sri Rajendra Prasad Singh, the learned senior counsel appearing for the petitioner Shishupal Singh @ Shishupal Kumar Singh and also Sri Rana Vikram Singh for petitioner Shambhu Singh and also heard Smt. Pushpa Sinha. I have perused some relevant parts of the case diary myself and the same has also been placed by the counsel of the parties. The case relates to conducting raid in village Akauna under the P.S.Barahara, district-Bhojpur. The information was that there was likelihood of the recovery of contraband ganja and the same may be recovered from there. The police party along with some executive Magistrate and officers of the Narcotic Bureau along with one who was the expert in analyzing narcotic substance reached there and on arrival they found a truck which was partly unloaded of some bags, 2 to be précise 27 in number were found on it and each bag was found containing 12 K.G. of ganja. Likewise, two vehicles one a Marshal and the other a Bolero was also found at some places of the village and recovery of 48 K.G., of ganja was from Bolero. As per allegation in the FIR the petitioner Shishupal Singh was standing there. However, witnesses examined paragraphs 16 to 20 and in some other paragraphs have stated that Shishupal Singh was lying on the ground and sleeping under the rear part of the truck and when the police party and the whole band of officers reached there, he attempted to run away and was chased and caught. The allegation initially in the FIR is that petitioner Shambhu Singh was merely standing by the side of the Bolero vehicle which was found storing 48 K.G. of ganja in its dickey. But witnesses who have been examined in the above said paragraphs have stated that Shambhu Singh was attempting to run away after coming out of the Bolero and he was caught and arrested. It is a case which reveals a very serious turn, the society has taken. Recovery 3 of ganja in many thousands of K.G. is what is reported through the FIR. There is definite allegations, of course, may not be admissible in evidence ultimately, that the whole operation was being conducted since very long. Some named persons in the FIR whose names appeared on questioning of the apprehended accused persons were carrying on the illicit trade on a huge scale since long. Some places in the village like Jhoparis or structures which could be found abandoned were found storing in them huge quantity of contraband ganja. Sri K.P.Tiwary whose statements appear in paragraph-18 of the case diary is an expert who was there at the spot with the approved kit to chemically analyze the seized ganja and he approved the article to be ganja. It is true that there is some variance in the FIR and the statements of witnesses but going by the statement of witnesses which is appearing in many paragraphs, I find it may not be a fit case for grant of bail to the above named two petitioners in the two petitions. The 4 petitions are dismissed. The petitioner Shishupal Singh @ Shishupal Kr. Singh has attached a copy of the admit card said to be issued by Bihar School Examination Board from which it appears that his date of birth is 1.3.1995. On this basis he appears raising a plea of juvenile and that plea shall be considered by the Special Judge of Juvenile Justice Board. B.Kr. ( Dharnidhar Jha,J.)