Hridya Rai @ Jokhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6944 of 2023 Arising Out of PS. Case No.-271 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== HRIDYA RAI @ JOKHU RAI SON OF LATE JAGGU RAI @ JUGGA RAI R/O VILL.- JALAHAN, MIAN TOLA, WARD NO. 02, P.S.- SANGRAMPUR, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shri Prakash Tiwari For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Sangrampur P.S. Case No. 271 of 2022 registered for the offence punishable under sections 20(b)(ii)(c)/23(c) & 25 of the NDPS Act.

Prosecution case relates to recovery of 325.95 kg ganja like substance from a truck bearing registration no. UP78BT-8551 which was being driven by this petitioner and he was arrested on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery or

Patna High Court CR. MISC. No.6944 of 2023(4) dt.09-05-2023 2/2 with the vehicle in question. Provision of Section 50 NDPS Act has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 12.8.2022.

Learned APP appearing for the State has opposed the prayer of Bail and submitted that petitioner was arrested on spot and huge quantity of ganja like substance has been recovered, which comes beyond the commercial quantity.

Heard learned counsel for the petitioner and learned APP for the State and submitted that petitioner has criminal antecedent of two cases out of which one is of similar nature. Having heard the learned counsel for the parties and considering the recovery of huge quantity of ganja like substance, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U