Satish Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18301 of 2025 Arising Out of PS. Case No.-215 Year-2024 Thana- JOGBANI District- Araria ====================================================== Satish Das S/o- Sugam Das @ Sugan Das Resident of village- Amouna ward no 20 Das Tola Police station- Jogbani District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Jogbani P.S. Case No. 215 of 2024 instituted for the offences under Sections 30(B)(ii)(c) of the NDPS Act.
3. Prosecution allegation, in short, is that the total 100 Kilogram ganja has been recovered in this case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 26.10.2024 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Learned counsel further submitted that the recovery has been made from
Patna High Court CR. MISC. No.18301 of 2025(2) dt.02-04-2025 2/2 the three wheeler (Tempo) and the petitioner is being dragged in this case merely because he happens to be the owner of the vehicle in question.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act.
6. Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected.
(Rudra Prakash Mishra, J) Alok Verma/- U T