Kameshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3132 of 2019 Arising Out of PS. Case No.-270 Year-2017 Thana- BIDUPUR District- Vaishali ====================================================== Kameshwar Rai S/O- Late Teka Rai Village - Mile Pakari, P.S- Bidupur District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bidupur P.S. Case No. 270 of 2017 (G.R. No. 3931 of 2017) registered for the offence punishable under Sections 8/20 (b) (ii) (c) of the Indian Penal Code.

Informant who is a police officer has stated in his written complaint that on 06.09.2017 at about 6:30 P.M. on a secret information he along with other police personnel raided the house of the petitioner and recovered 65 kg Ganja from his house. It has been further stated that when they were returning villagers tried to snatched the said Ganja and also damaged government jeep.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He was

Patna High Court Cr.Misc. No.3132 of 2019(5) dt.25-02-2019 2/2 not arrested at the spot. Nothing has been recovered from his possession. He is in custody since 11.06.2018. Considering the fact that 65 kg of Ganja which is commercial quantity has been recovered from the house of petitioner, I am not inclined to enlarge the petitioner on bail at this stage.

Hence, the prayer for bail of the petitioner is hereby rejected.

(S. Kumar, J) manoj/- U T