Patna High CourtCR. MISC./31453/2024bail rejected

Bimlesh Kumar Tiwari @ Rishi Tiwari v. The State Of Bihar

2024-07-26Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31453 of 2024 Arising Out of PS. Case No.-12 Year-2023 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Bimlesh Kumar Tiwari @ Rishi Tiwari, Son of Ganesh Tiwari, R/o VillageBandhpa PS- Akhori Gola District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Gohar Ojha, Advocate Mr. Bijay Shankar Choubey, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Economic Offences P.S. Case no. 12 of 2023, registered under sections 8, 20(b)(ii)(C), 25 and 29 of the N.D.P.S. Act.

3. As per the prosecution case, on an information having been received, a search was conducted and while 100 kgs of ganja was recovered from the pickup van, 30 kgs of ganja was recovered from the Swift Desire vehicle. The petitioner was sitting in the Swift Desire vehicle and he was caught at the place of occurrence.

4. Learned counsel for the petitioner submits that as per the prosecution case information was received by the informant on 6.9.2023, seizure was carried out on 9.9.2023 and

Patna High Court CR. MISC. No.31453 of 2024(3) dt.26-07-2024 2/2 the F.I.R. was registered on 10.9.2023. The petitioner has been falsely implicated in the case. He is in custody since 10.9.2023 and has no antecedent under the N.D.P.S. Act.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration a total recovery of 130 kgs of ganja from the two vehicles and the petitioner having been caught at the place of occurrence, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) avinash/- U T