Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 19677 of 2016 Arising out of P.S. Case No. -65 Year- 2009 Thana - RAGHOPUR District- VAISHALI(HAJIPUR) =================================================== PRAMOD KUMAR S/o Banaras Rai R/o village- Rampur Shyam Chand, P.S.- Raghopur, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s: Mr. Dhirendra Kumar Sinha, Adv. For the Opposite Party/s: Mr. R.N.Jha (APP) =================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04.

26.07.2016 Heard learned counsel for the Petitioner and the State.

The Petitioner is languishing in custody since 12.02.2016 in Raghopur P.S. Case No. 65 of 2009 registered for the offences under Sections 20 and 22 of N.D.P.S. Act pending before the Sessions Judge, Vaishali at Hajipur.

The prosecution case is that the Informant intercepted auto rickshaw from which twenty kg ganja kept in bag was recovered and one person was found fleeing away from the auto-rickshaw. The auto rickshaw driver was caught who disclosed his name as Pankaj Kumar and suggested the name of the petitioner who was carrying the contraband.

Pankaj Kumar has been granted bail by coordinate Bench of this Court vide Cr. Misc. No. 38048 of

Patna High Court Cr.Misc. No.19677 of 2016 (4) dt.26-07-2016 2009 on the ground that the petitioner was carrying the contraband and Pankaj Kumar was bonafide driver. Taking into consideration the fact that the petitioner was the passenger travelling on auto rickshaw with commercial quantity of contraband, this Court is not inclined to grant bail to the Petitioner. Accordingly, the prayer for bail of the petitioner is rejected. Let the trial be expedited.

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