Raushan Singh @ Roshan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26184 of 2023 Arising Out of PS. Case No.-240 Year-2021 Thana- BARHIYA District- Lakhisarai ====================================================== Raushan Singh @ Roshan Singh, Son of Lalan Singh, Resident of VillageJaitpur, Ps- Barahiya, Distt- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Barahiya P.S. Case No. 240 of 2021 dated 13.09.2021 registered for the offences punishable u/ss 8/20 (b)(ii)(c)/29 of the N.D.P.S. Act.

As per the prosecution case, total 1100.590 Kg of ganja was recovered from the house of Pintu Mahto and the coaccused persons. The co-accused told that the petitioner Raushan Singh had kept the said ganja in the house of Pintu Mahto, Pali Mahto and Prakash Singh.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.26184 of 2023(2) dt.24-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in the F.I.R. on the basis of disclosure of the co-accused, Pintu Mahto. No incriminating articles has been recovered from the possession of the petitioner. The petitioner is accused in 11 other criminal cases and out of 11 other criminal cases, 7 criminal cases are related to the N.D.P.S. Act i.e. similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 28.01.2023. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner by submitting that the seized contraband is commercial quantity and the petitioner is a notorious ganja smuggler.

Considering the aforesaid facts and circumstances of the case as well as the seriousness of allegation against the petitioner and the fact that the petitioner is accused in seven other criminal cases of similar nature of offence related to the N.D.P.S. Act, I am not inclined to enlarge the petitioner above-named on bail.

Accordingly, his prayer for grant of bail is rejected. Learned trial court is directed to expedite the trial and conclude the same at the earliest.

(Chandra Prakash Singh, J) Gautam/- U T