Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24627 of 2023 Arising Out of PS. Case No.-454 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== SANTOSH KUMAR Son of late Ram Prabash Roy @ Late Ram Pravesh Ray R/o Kalandiyara, P.O- Bakhtiyarpur PS- Bakhtiyarpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner, learned counsel for the N.C.B. and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 468 of the Indian Penal Code and Sections 8/20(b)(ii)(c), 22(c), 29 of the NDPS Act.

As per FIR, the petitioner and co-accused persons were apprehended on the spot and upon search total 62 kg ganja was recovered from a car.

Learned counsel for the petitioner submit that the petitioner is innocent and have committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery and the vehicle in

Patna High Court CR. MISC. No.24627 of 2023(4) dt.30-08-2023 2/2 question does not belong to him. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 23.11.2022. Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the recovery of ganja from the car is alleged to be 62 kg which is much more than commercial quantity as per N.D.P.S. Act. The petitioner has also been apprehended on spot with the alleged ganja like substance. Having heard the learned counsel for the parties and considering the fact and gravity of the offence, this court is not inclined to enlarge the petitioners on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

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