Patna High CourtCR. MISC./13924/2023rejected

Karan Kumar v. The State Of Bihar

2023-08-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13924 of 2023 Arising Out of PS. Case No.-372 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Karan Kumar S/O Late Ganesh Nayak Resident At Kalawati Nagar Ward No.- 4, P.S.- Raniganj, District- Araria (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 20/22 of the N.D.P.S. Act.

There is recovery of 40.236 Kgs of Ganja from the shop of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was arrested by the police on mere suspicion and falsely recovery was shown to create present false case. It is further

Patna High Court CR. MISC. No.13924 of 2023(4) dt.01-08-2023 2/2 submitted that seizure and search is in complete violation of Section 100 of the Cr.P.C . The petitioner is languishing in custody since 31.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that 40.236 Kgs of Ganja was recovered from the shop of the petitioner which is within the commercial quantity under NDPS Act. Considering the quantity of recovery of Ganja from the shop of the petitioner, this Court is not inclined to grant bail to the petitioner for the present. The prayer for grant of bail to the petitioner stands rejected. The trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T