Hira Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23125 of 2015 Arising Out of PS.Case No. -24 Year- 2014 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== Hira Sah, son of Late Dharikshan Sah, resident of village Kurwa, Police Station Barhariya, District Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Udit Narayan Singh, Advocate For the Opposite Party/s : Mr. R.S.Choudhary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-10-2015 Heard Sri Udit Narayan Singh, learned counsel, who was assisted by Sri Gajendra Kumar Singh, learned counsel for the petitioner as well as Sri Ram Sewak Choudhary, learned A.P.P.

The petitioner, who is in custody in connection with Special Case No. 38 of 2014 (arising out of Economic Offences Police Station Case No. 24 of 2014) registered for the offences under Sections 8/20(b)(iii)/29 of the Narcotic Drugs And Psychotropic Substances Act (hereinafter referred to as the "N.D.P.S. Act") has prayed for grant of bail. Sri Singh, learned counsel for the petitioner submits that the owner and driver of the truck hails from the State of Uttar Pradesh. However, the petitioner had boarded the truck without knowing the fact that on truck whether Ganja was loaded

Patna High Court Cr.Misc. No.23125 of 2015 (5) dt.13-10-2015 2/2 or not. However, subsequently, the truck was intercepted and only on suspicion, petitioner was apprehended along with other accused persons, and as such, a prayer is being made for granting bail to the petitioner.

Learned A.P.P. has opposed the prayer of bail. He submits that on perusal of the F.I.R. itself it is evident that there is specific accusation against the petitioner. He further submits that in this case more than four quintal Ganja has been recovered from conscious possession, and as such, the petitioner does not deserve to be enlarged on bail.

Keeping in view the fact of recovery of huge quantity of Ganja, I am not inclined to extend the privilege of bail to the petitioner.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T