Subodh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36011 of 2021 Arising Out of PS. Case No.-200 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== SUBODH RAI Son of Late Ram Nagina Rai Resident of Village - Naya Tola, Raghopur, Police Station - Bakhtiyarpur, District - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithilesh Kr. Arya, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 20(b)(ii)(c), and 22(c) of the NDPS Act.

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.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession or his house. He is in custody since 1.9.2020 and charge has been framed in the case. He undertakes to cooperate in the trial The application for bail is opposed by learned APP for the State who submits that the quantity of ganja recovered from

Patna High Court CR. MISC. No.36011 of 2021(4) dt.09-03-2022 2/2 the house of the petitioner is more than the commercial quantity. Once he is released on bail, he will not cooperate in the trial. Having heard learned counsel for the parties and taking into consideration the quantity of 48.5 kgs of ganja having been recovered from the house of the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial court is directed to expedite the trial and to conclude the same at the earliest.

(Partha Sarthy, J) Spd/- U T