Jhulan Patel @ Bhulan Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25798 of 2021 Arising Out of PS. Case No.-37 Year-2011 Thana- KOTWA District- East Champaran ====================================================== JHULAN PATEL @ BHULAN PATEL S/O RAJA RAM PATEL @ RAJA RAM RAY Resident of Village- Barkurwa, P.S.- Kotwa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-01-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with N.D.P.S. Case No.58 of 2017 arising out of Kotwa P.S.Case No.37 of 2011 registered for the offence under Sections 20,22 of the Narcotic Drugs and Psychotropic Substances Act. The prosecution case, in short, is that on 22.02.2011 on the basis of secret information police reached at Dhangad Toil, seeing police force two persons started fleeing away from Bolero vehicle, but on chase one was apprehended and one person succeeded in fleeing away. Apprehended person disclosed his name as Surendra Prasad and further disclosed the name of the driver who fled away as the petitioner Jhulan Patel.

Patna High Court CR. MISC. No.25798 of 2021(4) dt.24-01-2022 2/3 On query, Surendra Prasad disclosed that Ganja was given by Dinesh Singh. On search total 120 Kg of Ganja was recovered from Bolero vehicle and the same was seized. He further disclosed that vehicle is registered in the name of his wife Kunti Devi.

Learned counsel appearing for the petitioner submits that earlier the petitioner has been granted anticipatory bail vide order dated 20.01.2014 in Cr. Misc. No.27090 of 2013 but the petitioner has not furnished the bail bond.

Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the allegation against the petitioner is of recovery of 120 Kg of Ganja.

The grant of bail in NDPS cases where the recovery of commercial quantity of narcotic is alleged is circumscribed under Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 which says that before grant of bail, the Court must have reason to believe that petitioner has not committed the offence and in the event of release he would not commit similar offence.

The case was considered by the Hon'ble Supreme Court in the case of State of Kerala and Ors Vs. Rajesh &

Patna High Court CR. MISC. No.25798 of 2021(4) dt.24-01-2022 3/3 Ors, reported in 2020(12) SCC 122.

The recovery of huge quantity of Ganja would not justify that the petitioner had no knowledge of the narcotic nor there is any material to substantiate that the petitioner would not commit such offence in the event of release.

Hence, I am not inclined to enlarge the petitioner on bail in connection with N.D.P.S. Case No.58 of 2017 arising out of Kotwa P.S.Case No.37 of 2011 pending in the court of learned 1st Additional Sessions Judge, East Champaran, Motihari. Prayer is refused.

Learned Trial Court is directed to expedite the trial. (Rajesh Kumar Verma, J) Nitesh/- U T