Patna High CourtCR. MISC./16542/2024bail rejected

Hareram Rai @ Harai Ram Rai v. The State Of Bihar

2024-03-14Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16542 of 2024 Arising Out of PS. Case No.-523 Year-2023 Thana- PARSABAZAR District- Patna ====================================================== HARERAM RAI @ HARAI RAM RAI, SON OF NAGDEO RAI @ NAGDO RAI @ NAGDEV RAY, R/O-MOHANPUR, P.S.-RAGHOPUR, DISTRICT-VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Mishra, Advocate Ms. Pratibha Srivastava, Advocate Ms. Harsha Shashwat, Advocate Mr. Md.Siddique Azam Rashid, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Parsa Bazar P.S. Case no. 523 of 2023 registered under sections 8 and 20(b)(ii)(B) of the NDPS Act.

3. As per the prosecution case, 10.230 kgs of ganja was recovered from the possession of the petitioner and one another.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the conscious possession of this petitioner even as per allegations in the FIR. He has been falsely implicated in the case. He is in custody

Patna High Court CR. MISC. No.16542 of 2024(2) dt.14-03-2024 2/2 since 11.10.2023 and co-accused Saroj Kumar vide order dated 6.2.2024 passed in Cr. Misc. no.4080 of 2024 has been directed to be released on bail after framing of charge. The petitioner has no criminal antecedent.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR of the recovery of 10.230 kgs of ganja, the quantity being more than small quantity however less than commercial quantity, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. In view of the order dated 6.2.2024 passed in the case of co-accused Saroj Kumar, liberty is granted to the petitioner to renew his prayer for bail after framing of charge. (Partha Sarthy, J) avinash/- U T