Kamakhya Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41073 of 2021 Arising Out of PS. Case No.-181 Year-2020 Thana- GOH District- Aurangabad ====================================================== Kamakhya Giri S/O Late Indradeo Giri R/O Village-Shankarpur, P.SHaspura, District-Aurangabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Giri, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Goh P.S. Case No. 181 of 2020, disclosing offence punishable under Sections 8/20(b)(ii)(B)/25/29 of the Narcotic Drugs and Psychotropic Substances Act.

It is the prosecution's case that 22 kg 49 gm of Ganja was recovered from the physical possession of the persons named in the F.I.R., who disclosed name of the petitioner, as the one who had allegedly supplied Ganja to them.

Patna High Court CR. MISC. No.41073 of 2021(3) dt.05-01-2022 2/3 Learned counsel appearing on behalf of the petitioner has submitted that the petitioner has been implicated only on the basis of disclosure made by the accused persons and no recovery has been made from the petitioner's possession. The argument would have merited consideration had there been no criminal antecedent of the petitioner. From paragraph 3 of the application, it appears that the petitioner is accused in following 3 cases of similar nature :- 1.) Mufasil P.S. Case No. 164 of 2016, registered for the offences punishable under Section 8/20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act.

2.) Haspura P.S. Case No. 237 of 2020 registered for the offences punishable under Section 8(5d)/20(b) of the Narcotic Drugs and Psychotropic Substances Act.

3.) Daud Nagar P.S. Case No. 70 of 2014 for the offences punishable under Section 8/23/25(a)/29 of the Narcotic Drugs and Psychotropic Substances Act.

Learned counsel appearing on behalf of the petitioner has submitted that in 2 out of 3 aforesaid cases, the petitioner has been released on bail and in respect of the third case, an application for regular bail is pending. Apparently, while on bail, the petitioner has been made accused in the present case.

Patna High Court CR. MISC. No.41073 of 2021(3) dt.05-01-2022 3/3 Considering the petitioner's criminal antecedent, I am not inclined to grant him privilege of regular bail. This application is accordingly, rejected.

(Chakradhari Sharan Singh, J) K.K.RAO/- U T