Shri Ram Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.15421 of 2016 (15) dt.14-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15421 of 2016 Arising Out of PS.Case No. -36 Year- 2015 Thana -JADOPUR District- GOPALGANJ ====================================================== Shri Ram Singh, son of Late Sheo Nath Singh, resident of village-Deurava Gaddi, Tola Sangwadih, P.S. Gopalpur, District-Gopalganj. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-12-2016 Heard Sri Baxi S.R.P.Sinha, learned Senior Counsel, assisted by Sri Lokesh Kumar Singh, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor. The sole petitioner, who is in custody in Jadopur P.S.Case no. 36 of 2015, Tr.No.2 of 2016 registered for the offence under Sections 8, 20 and 22 of the N.D.P.S. Act, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case on the basis of confessional statement of some of the accused persons. He submits that nothing was recovered from the conscious possession of the petitioner and, as such, it is fit case for extending the privilege of bail.

Patna High Court Cr.Misc. No.15421 of 2016 (15) dt.14-12-2016 In this case, earlier case diary was called for, which has been received and kept on record.

Learned Addl. Public Prosecutor, opposing the prayer for bail, submits that in the present case, there is serious accusation against the petitioner. In the case, it was found that a truck loaded with 2 Quintal of Ganja was noticed by the police at the wee hours at 4.30 A.M.. It was also noticed that one Bolero was there. After noticing the police, the driver of the Bolero fled away taking the vehicle and three accused persons jumping from the truck tried to flee away but they were caught hold and on interrogation they disclosed the names of accused persons , which include the name of the petitioner, who were succeeded in fleeing with the Bolero. On perusal of the F.I.R. It is evident that from special box created in the Kabin of the truck in question, about 40.700 kg of Ganja was recovered. The accused, who were arrested, disclosed that 160 Kg of Ganja was unloaded from the truck on Bolero.

Keeping in view the seriousness of accusation as well as huge quantity of Ganja, there is no reason to extend the privilege of bail. The prayer for bail of the petitioner stands rejected. NKS/- (Rakesh Kumar, J) U T