Patna High CourtCR. MISC./11812/2023rejected

Girja Singh @ Giraja Rai v. The State Of Bihar

2023-08-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11812 of 2023 Arising Out of PS. Case No.-297 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== GIRJA SINGH @ GIRAJA RAI SON OF PRAYAG SINGH R/O VILLAGEBIDUPUR, P.S.- BIDUPUR, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amritya Raj For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 8, 20(b)(ii) (c ), 25 and 29of the NDPS Act.

Prosecution case relates to recovery of 145.317 Kg Ganja like substance from a Tata Pick Up Van and accused persons managed to escape.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Case. He was not arrested on spot neither any incriminating article has been recovered from his possession. No local person was made as a witness of the seizure list rather seizure list witnesses are police

Patna High Court CR. MISC. No.11812 of 2023(3) dt.30-08-2023 2/2 personnel. There is complete violation of provision of Section 50 of the NDPS Act. The alleged vehicle belongs to Chandan Kumar. Petitioner has got no criminal antecedent and languishing in judicial custody since 17.08.2022. Learned APP appearing for the State has opposed the prayer of Bail and submitted that from para 98 of the case diary, it appears that the alleged vehicle was transferred in the name of the petitioner on 10.7.2015 by the real owner (Chandan Kumar). Charge-sheet has been submitted against the petitioner. The alleged Ganja is more than the commercial quantity. Having heard the learned counsel for the parties and considering the recovery of huge quantity of contraband article, 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