Patna High CourtCR. MISC./30845/2023bail rejected

Subodh Rai v. The State Of Bihar

2023-06-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30845 of 2023 Arising Out of PS. Case No.-200 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== Subodh Rai Son Of Late Ram Nagina Rai @ Nagendra Rai R/O Vill.- Naya Tola, Raghopur, P.S.- Bakhtiyarpur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Digamber Kr. Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Special Case no. 126 of 2020 (arising out of Bakhtiyarpur P.S. Case no. 200 of 2020) registered under sections 20(b)(ii)(c) and 22(c) of the NDPS Act.

3. The earlier applications for bail of the petitioner were rejected vide orders dated 9.3.2022 passed in Cr. Misc. no.36011 of 2021 and dated 10.8.2022 passed in Cr. Misc. no.33637 of 2022.

4. As per the prosecution case, 48.5 kgs of ganja was recovered from the house of the petitioner and the petitioner was taken into custody.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. He is in

Patna High Court CR. MISC. No.30845 of 2023(3) dt.28-06-2023 2/2 custody since 1.9.2020 and undertakes to cooperate in the trial.

6. Learned A.P.P opposing the prayer for bail submits that commercial quantity of ganja being a total of 48.5 kgs was recovered from the house of the petitioner and the petitioner was taken into custody on the spot.

7. A report was called for from the learned trial Court. As per the report received contained in letter dated 13.6.2023, four out of the eleven witnesses have been examined on behalf of the prosecution.

8. Having heard learned counsel for the parties and taking into consideration that the total quantity of ganja recovered is a commercial quantity together with the petitioner having been arrested at the spot, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

9. Learned trial Court is directed to expedite the trial and conclude the same at the earliest, preferably within a period of six months from today.

(Partha Sarthy, J) Shiv/- U T