Chhavilal Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37236 of 2021 Arising Out of PS. Case No.-47 Year-2021 Thana- CHANDAN District- Banka ====================================================== CHHAVILAL SHARMA SON OF RAMDEO SHARMA R/o MohallaSachchidanand Nagar, P.S.- Tilkamanjhi, District- Bhagalpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :
Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-03-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 8, 20(b)(ii) (C), 22, 25 and 29 of the NDPS Act.
As per the prosecution case, 68.817 kgs of ganja was recovered from the toyota qualis vehicle and the three accused persons including the petitioner herein were taken into custody. The petitioner is said to be the driver of the vehicle. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession or from the vehicle in question. Even accepting the allegations in the FIR, 68.817 kgs of ganja was recovered from the three accused persons and the case of the petitioner stands on a similar footing to that of co-accused
Patna High Court CR. MISC. No.37236 of 2021(5) dt.07-03-2022 2/2 Jaswir Sharma and Ganesh Kumar Mandal who have been enlarged on bail vide order dated 21.2.2022 passed in Cr. Misc. no. 40446 of 2021 and order dated 21.2.2022 passed in Cr. Misc. no. 43465 of 2021. The petitioner has no criminal antecedent and is in custody since 17.3.2021. Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the materials on record, recovery of 68.817 kgs of ganja which is a commercial quantity from the vehicle being driven by this 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. (Partha Sarthy, J) Prakash/- U