IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37166 of 2011 Mahendra Roy @ Mochhu, S/O-Sri Shivji Roy Versus The State Of Bihar ---------------------------------- 03 22.12.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Allegedly, 100 kg. Ganja was recovered from the house of the petitioner but submission on behalf of the petitioner is that the alleged recovery has been made from a husk room and, as a matter of fact, the aforesaid room does not belong to petitioner. It is further submitted by him that the parentage given in the first information report does not tally with the father’s name of petitioner and, as a matter of fact, the police is not sure as to from whose house the alleged recovery has been made. It is further submitted by learned counsel for the petitioner that petitioner is an old man aged about 70 years and he is suffering from several diseases and there is no proper arrangement in jail for the treatment of the petitioner. It is further submitted by him that police submitted charge-sheet without obtaining F.S.L. report. So, it has not been established as yet as to whether the seized material is ganja or not. Considering the aforesaid facts and circumstances as well as this aspect of the matter that 100 kg. Ganja has been recovered, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail in connection with Didarganj P.S. Case No. 121 of 2011 corresponding to Special Case No. 33 of 2011 pending in the court of Sessions Judge, Patna, is, hereby, rejected. 2 However, the jail authorities are directed to make proper arrangement for the treatment of the petitioner. The learned Sessions Judge, Patna should direct the jail authorities to make proper arrangement for the treatment of the petitioner, if he is suffering from any ailment. SHAHZAD ( Hemant Kumar Srivastava, J.)