Sadesh Ghosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6781 of 2022 Arising Out of PS. Case No.-128 Year-2020 Thana- TARAPUR District- Munger ====================================================== Sadesh Ghosh Son Of Late Sujeet Ghosh R/O Village- Anand Bazar, P.S.- Sri Nagar, District- West Tripura, State- Tripura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Soni Kumari For the Opposite Party/s :

Mr. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Tarapur P.S. Case No. 128 of 2020, registered for the offences punishable under Sections 20(b) (ii)/ 22(c) of N.D.P.S. Act. As per allegation, 200 kg. of Ganja has been recovered from the cabin of the truck.

The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that his name has not figured in the seizure list though the names of the driver and owner of the truck, wherefrom recovery has been made, are

Patna High Court CR. MISC. No.6781 of 2022(3) dt.13-12-2022 2/3 mentioned. He also submits that his name has been mentioned in the FIR only with malafied to falsely implicate the accused-petitioner. He also submits that the impugned order reveals that the FSL report has not been received till date. He further submits that investigation is complete and charge-sheet has been submitted.

The petitioner has been languishing in jail since 02.09.2020.

It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Court for grant of anticipatory bail or regular bail. It has further been stated in paragraph no. 3 that the petitioner has no criminal antecedent.

However, the learned APP for the State vehemently opposes the prayer of the petitioner for bail submitting that recovered contraband is much above the commercial quantity and there is sufficient material in support of the prosecution case.

Considering the aforesaid facts and circumstances, particularly the quantity of the contraband recovered from

Patna High Court CR. MISC. No.6781 of 2022(3) dt.13-12-2022 3/3 the truck wherein petitioner was sitting, I am not persuaded to enlarge the petitioner on bail at this stage. The application stands rejected accordingly.

The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) ramesh/- U T