Patna High CourtCR. MISC./38732/2023rejected

Sunil Kumar Gupta @ Sunil Gupta v. The State Of Bihar

2023-09-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38732 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- BHITAHA District- West Champaran ====================================================== Sunil Kumar Gupta @ Sunil Gupta Son Of Late Maula Shah VillageRupahitand Ps- Bhitaha Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Sharma For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner, learned counsel for the N.C.B. and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8, 20(b) (ii) (c) of the NDPS Act.

As per FIR, the petitioner was apprehended on the spot and upon search total 50.500 kg ganja was recovered from roof of his house.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. He has got no criminal antecedent. It is further submitted that the

Patna High Court CR. MISC. No.38732 of 2023(5) dt.13-09-2023 2/2 petitioner is languishing in judicial custody since 19.02.2023.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the recovery of ganja from the house of the petitioner is alleged to be 50.500 kg which is much more than commercial quantity as per N.D.P.S. Act. The petitioner along with other co-accused has also been apprehended on spot with the alleged ganja like substance. During investigation witnesses also supported the prosecution version.

Having heard the learned counsel for the parties and considering the fact and gravity of the offence, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) manishkumar/- U T