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Patna High CourtCR. MISC./6179/2025bail rejected

Amit Kumar @ Amit Kumar Goshwami v. The State Of Bihar

2025-05-13Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6179 of 2025 Arising Out of PS. Case No.-193 Year-2024 Thana- PURAINI District- Madhepura ====================================================== Amit Kumar @ Amit Kumar Goshwami S/O Late Bishundev Goshwami R/O Village- Dumrail, W. no.- 5, P.S.- Puraini, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-05-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Puraini P.S. Case No. 193 of 2024, registered for the offences under Sections 8, 20(b)(ii)(c) of the N.D.P.S. Act.

3. As per the prosecution case, police received information of the petitioner and his co-accused mother keeping a consignment of ganja in their house. A raid was conducted and a lady fled away from the house and the petitioner was apprehended. From search of the house, recovery of 57.500 kilograms of ganja was made.

4. Learned senior counsel appearing on behalf of the

Patna High Court CR. MISC. No.6179 of 2025(3) dt.13-05-2025 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been living separately from his mother and the brother and the seized contraband belongs to the mother of the petitioner. Recovery has been made from a place which was in share of the mother and the brother of the petitioner. Earlier paper of partition was prepared and the area falling in the share of his brother was earmarked. It has also been resolved that mother would reside with the brother of the petitioner. The petitioner never indulged in such type of offence and he runs a coaching center from his house for earning his livelihood. Learned counsel for the petitioner further submits petitioner is having no criminal antecedent and he is in custody since 07.10.2024. Charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that recovery of commercial quantity of ganja has been made from the house of the petitioner when raid was conducted in the house on secret information.

6. Having regard to the recovery of commercial quantity of ganja from the house of the petitioner, I am not inclined to enlarge the petitioner on bail and hence, his prayer for bail is rejected.

Patna High Court CR. MISC. No.6179 of 2025(3) dt.13-05-2025 3/3

7. Learned Trial Court is directed to expedite the trial and conclude the trial expeditiously.

(Arun Kumar Jha, J) aditya/- U T