Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24445 of 2020 Arising Out of PS. Case No.-36 Year-2020 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== 1.

Dharmendra Kumar, aged about - 25 years, Gender - Male, Son of Bindeshwar Ray.

2.

Dharmendra Kumar, aged about - 19 years, Gender - Male, Son of Rajendra Ray, Both are Resident of Village - Mayil, P.S.- Bidhupur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mrs. Pushpa Sinha No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-11-2020 Heard Mr. Jay Ram Prasad, learned counsel for the petitioners and Mrs. Pushpa Sinha No. 1, learned counsel for the State through video conferencing.

Petitioners seek regular bail in connection with N.D.P.S. Case No. 04 of 2020 (arising out of Rail Chhapra P.S. Case No. 36 of 2020) registered for the offence under Section 20 of the N.D.P.S. Act.

The allegation as per the First Information Report is that Police intercepted the petitioners and recovered a total quantity of 6 Kg 600 gm Ganja from their possession. Learned counsel for the petitioners submits that petitioners have not committed any offence in the manner

Patna High Court CR. MISC. No.24445 of 2020(3) dt.23-11-2020 2/2 alleged and they have falsely been implicated in this case with oblique motive.

On the other hand, learned counsel for the State submits that more than 6 Kg of Ganja have been recovered from the possession of the petitioners as such, they do not deserve the privilege of bail at this stage.

Having heard learned counsel for the parties and taking into consideration the materials available on record, I am not inclined to grant regular bail to the petitioners at this stage. Accordingly, the same is rejected.

However, petitioners may renew their prayer for bail after nine months from today, if the trial does not show any progress.

(Anil Kumar Sinha, J) praful/- U T