Patna High CourtCR. MISC./24487/2024dismissed

Anjani Pandey v. The State Of Bihar

2024-07-25Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76494 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== SUNIL KUMAR GUPTA @ SUNIL KUMAR SON OF MANIJAR SAH VILLAGE- KESHARI ,P.S. -CHAND , DISTRICT- KAIMUR AT BHABUA ... ... Petitioner/s

Versus

The State of Bihar BIHAR 2.

POLICE INSPECTOR OF ECONOMIC OFFENCE UNIT PATNA BIHAR, PATNA ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 24487 of 2024 Arising Out of PS. Case No.-12 Year-2023 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== ANJANI PANDEY SON OF LATE NARMADESHWAR PANDEY RESIDENT OF VILLAGE - CHHOTKA MORE, P.S. - MUFFASSIL SASARAM, DISTRICT - SASARAM ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR 2.

THE POLICE OFFICER ECONOMIC OFFENCE BIHAR PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 76494 of 2023) For the Petitioner/s :

Mr.Tribhuwan Narayan For the EOU :

Mr.Rana Vikram Singh (In CRIMINAL MISCELLANEOUS No. 24487 of 2024) For the Petitioner/s :

Mr.Dharmendra Singh For the EOU :

Mr.Rana Vikram Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-07-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular

Patna High Court CR. MISC. No.76494 of 2023(7) dt.25-07-2024 2/3 bail in connection with Sadar Patna Economic Offences P.S. Case No. 12 of 2023 registered for the offences punishable under Sections 8/20(B) (II) (C), 25, 29 of the NDPS Act.

3. As per allegation, on a secret information, the informant along with raiding party seized the vehicles of the petitioners. 30 kg of ganja, kept in dicky of Swift Dzire Car bearing registration no. UP65DB-1365, was recovered from the vehicle, to which the petitioner Sunil Kumar Gupta is driver and 100 kg of ganja, kept hidden in old tyres of vehicle, bearing registration no. UP65DT-2815, was recovered from another vehicle. Total 130 kg of ganja is said to have been recovered from their vehicles. Some mobile phones and cash were also alleged to have been recovered from their possession.

4. The learned counsel for the petitioners has submitted that the petitioners are the persons of clean antecedent and have falsely been implicated in this case. Petitioner Sunil Kumar Gupta is merely the driver of the seized vehicle wherefrom 30 kg of ganja was recovered. He has submitted further that Section 50 of the NDPS Act has not been complied with. Petitioner Sunil Kumar Gupta is under custody since 09.09.2023 and petitioner Anjani Pandey is under custody since 07.09.2023.

Patna High Court CR. MISC. No.76494 of 2023(7) dt.25-07-2024 3/3

5. On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that huge quantity i.e. 130 kg of ganja was recovered from vehicle of the petitioners. The seized contraband is more than the commercial quantity.

6. Considering the above-mentioned facts and circumstances, I am not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the appellants is hereby rejected.

(Nawneet Kumar Pandey, J) kundan/- U T