Patna High CourtCR. MISC./19197/2023rejected

Birju Kumar v. The State Of Bihar

2023-10-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19197 of 2023 Arising Out of PS. Case No.-220 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== BIRJU KUMAR ARJUN SAW @ Arjun Sah Mohalla- Ram Nagar Hirdan Bigha Ps- Barahiya Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 8, 20(b)(ii)(c), 25 and 29 of the N.D.P.S. Act.

3. It is case of recovery of approx 206 Kg of Ganja like substance from a Truck.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. No incriminating article has been recovered from the conscious possession of the petitioner. Except suspicion, there is no other material has came against the petitioner to connect him in this case. Petitioner is languishing in judicial custody since 11.08.2022.

Patna High Court CR. MISC. No.19197 of 2023(5) dt.03-10-2023 2/2

5. Learned APP for the State has opposed the application for bail and submitted that petitioner is named in the FIR and has been apprehended on spot. He further submitted that huge quantity of Ganja has been recovered from the Truck. The as alleged seized Ganja like substance comes within the purview of commercial quantity as per N.D.P.S. Act. During investigation several witnesses have also supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to conclude the trial expeditiously.

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