Kanhaiya Kumar @ Kanhaiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9669 of 2015 Arising Out of PS.Case No. -93 Year- 2014 Thana -RAIL KIUL DistrictLAKHISARAI ====================================================== Kanhaiya Kumar @ Kanhaiya S/o Vijay Singh Resident of Village Jaitpur, P.S. Barhiya, District Lakhisarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pranav Kumar Jha, Adv. For the Opposite Party/s : Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 22-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 20/22 of the NDPS Act. Allegation against the petitioner is that about 34 Kg. ganja was recovered from his possession.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this Court. There has been no recovery from the conscious of the petitioner. He has been in custody since 28.10.2014 and he has no criminal antecedent. He has also submitted that in similar facts and circumstances, co-accused Dhiraj Kumar has been granted bail vide Annexure-2.

Patna High Court Cr.Misc. No.9669 of 2015 (2) dt.22-04-2015 2/2 It appears that only 8.8 Kg of Ganja was recovered from the possession of Dhiraj Kuma who had been granted bail, whereas, 34 Kg Ganja was recovered from the possession of the petitioner which is more than the commercial quantity. Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected.

Let the trial be expedited.

(Amaresh Kumar Lal, J) Kanchan/- U T