Ram Ishwar Pandit @ Musa @ Rameshwar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10043 of 2019 Arising Out of PS. Case No.-13 Year-2018 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Ram Ishwar Pandit @ Musa @ Rameshwar Pandit Son of Late Musahab Pandit Resident of village- Agaion Mela, P.S.- Garhani (Agaion) DistBhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sangeet Deokuliar, Adv.
For the State :
Mr.Satya Nand Shukla, APP For the E.O.U.
:
Mr. Vijay Anand, Sr. Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2019 This is an application for grant of anticipatory bail in connection with Special (NDPS) Case No. 114 of 2018 arising out of Economics P.S. Case No. 13 of 2018, disclosing offences under Sections 8/20(b)(ii)(c), 25/29 of the Narcotics Drugs and Psychotropic Substances Act.
Allegation as per FIR is of recovery of 55 kg Ganga from a vehicle and it is said that the petitioner has made available the vehicle for carrying of Ganja.
Submission of learned counsel for the petitioner is that seizure list shows that the owner of the vehicle is Jabbar Dhali and the petitioner has falsely been implicated in this case. Learned counsel for the Economic Offence Unit,
Patna High Court CR. MISC. No.10043 of 2019(3) dt.25-04-2019 2/2 who has opposed the prayer of anticipatory bail of the petitioner on the ground that FIR itself shows that the vehicle was made available by this petitioner and as such there is prima facie evidence against the petitioner.
Having heard both sides, in view of the facts and circumstances of the case as stated above, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on the basis of materials available on record. Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) Amjad/- U T