Shashi Kant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32667 of 2024 Arising Out of PS. Case No.-72 Year-2023 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== Shashi Kant Kumar Son of Rajendra Thakur Resident of Village- Chhotki Kotia , P.S- Industrial Area, Buxar ,Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-07-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Sasaram Rail P.S. Case no.72 of 2023 registered under sections 8 and 20(b)(ii)(c) of the NDPS Act.
3. As per the prosecution case, 26.78 kgs of ganja was recovered from the possession of the petitioner and one another.
4. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 9.11.2023 (Annexure-1) passed in Cr. Misc. no. 57562 of 2023. It is submitted that so far as the petitioner is concerned, 12.34 kgs of ganja was recovered. He has no criminal antecedent and is in custody since 23.4.2023.
Patna High Court CR. MISC. No.32667 of 2024(3) dt.12-07-2024 2/2
5. The application for bail is opposed by learned APP for the State who submits that a total 26.78 kgs of ganja was recovered from the two petitioners, which is more than the commercial quantity. FSL report has confirmed the seized article to be ganja.
6. A report was called for from the learned trial Court. As per the report received contained in letter dated 24.5.2024 of the learned Additional Sessions Judge-III, Gaya it transpires that the case is pending for supply of police papers to the defence.
6. Having heard learned counsel for the parties and taking into consideration the recovery of a total of 26.78 kg of ganja from the possession of the accused persons including the petitioner herein, 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) Bibhash U T