Ram Bachchan Rai @ Bachhan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48344 of 2014 Arising Out of PS.Case No. -25 Year- 2014 Thana -BHELDI District- SARAN ====================================================== Ram Bachchan Rai @ Bachhan Rai S/o Late Hira Rai Resident of Village Laganpura, P.S. Bheldi, District Saran at Chapra. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Dr. Rabindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 18-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in a case for the offence punishable under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act.
The allegation against the petitioner is that during raid by police party, 29 Kg. of Ganja, kept in a plastic bag, has been recovered from the possession of the petitioner.
Learned counsel for the petitioner submits that recovery was made from the Dalan of the petitioner and not from the conscious possession of the petitioner. The Dalan is an open place and accessible to several persons. The petitioner has been in custody since 18.2.2014 having no criminal antecedents.
The learned counsel for the State submits that there is specific allegation of recovery of 29 Kg. of Ganja from the possession of the petitioner and the sale
Patna High Court Cr.Misc. No.48344 of 2014 (3) dt.18-03-2015 2/2 proceeds were also found to the tune of Rs.40,950/-. After investigation the case has been found true. Considering the facts and circumstances of this case, in my opinion, the petitioner does not deserve bail. His prayer for bail is rejected.
Let the trial of the petitioner in Bheldi P. S. Case no. 25 of 2014 be expedited.
(Amaresh Kumar Lal, J) sudip/- U T