Patna High CourtCR. MISC./28908/2020dismissed

Dinesh Yadav v. The State Of Bihar

2021-01-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28908 of 2020 Arising Out of PS. Case No.-02 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== DINESH YADAV Late Lotan Yadav R/o Ahan Sonkhari, P.S.-Kerakat, Distt.- Jaunpur (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rani Kumari, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Ms. Anita Kumari Singh.

The petitioner seeks regular bail in connection with Aurangabad N.D.P.S. Case No. 02 of 2020, registered for the offence punishable under Sections 20(b), (a), (c) of the N.D.P.S. Act. The allegation is regarding recovery of 27kg. of ganja (contraband item) from the dickey of a car in which the petitioner was found to be sitting. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is

Patna High Court CR. MISC. No.28908 of 2020(4) dt.29-01-2021 2/2 having a clean antecedent and he is languishing in custody since 24.02.2020.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the stringent provisions of Section 37 of the N.D.P.S. Act, 1985 and further taking into account the fact that commercial quantity of contraband item has been recovered from the dickey of a car in which the petitioner was sitting, I do not deem it fit and proper to admit the petitioner to the privilege of bail, hence, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T