Rakesh Kumar Mishra @ Rakesh Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29559 of 2014 Arising Out of PS.Case No. -5 Year- 2014 Thana -SIMRI District- BUXAR ====================================================== Rakesh Kumar Mishra @ Rakesh Kumar Pathak S/o Shri Sudhirchand Mishra r/o Manjhawari, P.S.- Simari, District- Buxar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Patanjali Rishi, Advocate.

For the Opposite Party : Mrs. Veena Kri.Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2015 Heard both sides.

The petitioner seeks bail in N.D.P.S. Case No. 01 of 2014, arising out of Simari P.S. Case No. 05 of 2014, registered for the offences punishable under Sections 20 (b)(ii)(C), 22, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 47 A of the Bihar Excise Act. The petitioner was the driver of the truck bearing Registration No. HR38L-9510 and 708 kg of Ganja was recovered.

Learned counsel for the petitioner submits that the petitioner did not know about the contents kept in the truck. He was a temporary driver. The owner of the truck is his co-villager. Considering the facts aforesaid and the fact that

Patna High Court Cr.Misc. No.29559 of 2014 (5) dt.01-05-2015 2/2 commercial quantity of Ganja weighing 708 kg was recovered from the truck which was being driven by the petitioner, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T