Swaraj Kumar Shukla v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35507 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ======================================================

1. Swaraj Kumar Shukla son of Krishna Mohan Shukla, resident of VillageJamo Jalalpur, Police Station- Jamo Bajar, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Economic Offence Unit.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vipin Kumar Singh, Advocate For the Opposite Party/s : Mr. V.N.P Sinha(Eou)Unit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 08.04.2016 in a case registered for the offences punishable under Sections 8, 20(b) (ii) (c), 25 and 29 of the Narcotics Drugs and Psychotropic Substances Act.

The prosecution case is that on secret information received by Rajesh Narayan Verma, Police Inspector, Economic Offence Unit, Patna that ganja is being smuggled in two vehicles. One Tata Sumo Gold vehicle was intercepted and from the said vehicle 60 K.g. ganja concealed in different parts of the vehicle was recovered. The vehicle was being driven by the co-accused Santosh Yadav and the petitioner was the co-passenger.

Patna High Court Cr.Misc. No.35507 of 2016 (2) dt.24-08-2016 It is submitted by the learned counsel for the petitioner that the petitioner was simply a bona fide passenger of the said vehicle and the petitioner was not aware about the ganja which was kept in the vehicle. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

It is submitted by the learned senior counsel for the Economic Offence Unit that the commercial quantity of ganja was recovered. The petitioner was the second driver of the vehicle and there was no occasion for the petitioner to travel in the vehicle in which the ganja was being smuggled and his driving license was also seized.

Considering the commercial quantity of recovery, this Court is not inclined to grant bail to the petitioner in connection with Economic Offence P.S. Case No. 2 of 2016, pending in the court of learned District & Sessions Judge, Patna.

Accordingly, the regular bail application is dismissed.

Let, the trial be expedited.

(Dinesh Kumar Singh, J) P.K./- U T