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Patna High Court/34092/2022rejected

Lal Babu Sahni @ Lal Babu Sahani @ Lalbabu Sahani v. The State Of Bihar

2023-08-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34092 of 2022 Arising Out of PS. Case No.-41 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Lal Babu Sahni @ Lal Babu Sahani @ Lalbabu Sahani Son Of Ramjeet Sahani R/O- Raghunathpur, P.S.- Bhagwanpur, District- Vaishali, Bihar844114 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Sinha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in connection with Excise (NDPS) Case No. 41 of 2021 instituted for the offence punishable under Section 8 and Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act.

Prosecution case relates to recovery of 350 Kg of ganja like substance kept in 115 pockets from a truck and petitioner was arrested on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He is languishing in judicial custody

Patna High Court CR. MISC. No.34092 of 2022(6) dt.28-08-2023 2/2 since 18.04.2021.

Learned APP appearing for the State has opposed the prayer of bail and submitted that FSL report supported the prosecution story. The quantity of recovered item is more than the commercial quantity. Petitioner was driving the truck from which alleged recovery has been made.

Having heard learned counsel for the parties and taking into consideration that the recovered quantity is more than the commercial quantity, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected. The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U