Patna High CourtCR. MISC./37532/2023rejected

Golu Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37532 of 2023 Arising Out of PS. Case No.-454 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== GOLU KUMAR Son of Lalu Ray Resident of mohalla- Kachauri Gali Near Chhoti Mandir Patna City, P.S. - City Chowk, Distt. - Patna, Pin Code - 800008 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niraj Kumar For the Opposite Party/s :

Mr.Rabindra 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.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 420 and 468 of the Indian Penal Code and 8/20 (b)(ii)(c), 22(c) and 29 of the N.D.P.S. Act.

3. It is case of recovery of 62.740 Kg of Ganja like substance from the possession of the petitioner and other coaccused persons, which was kept in a plastic bag in the Car.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. The provision of Section 50 of the N.D.P.S. Act has not followed in this case. Petitioner is languishing in judicial custody since 22.11.2022.

Patna High Court CR. MISC. No.37532 of 2023(3) dt.28-08-2023 2/2

5. Learned APP for the State has opposed the application for bail and submitted that petitioner is named in the FIR. He further submitted that the seized Ganja like substance recovered from the possession of the petitioner, which comes within the purview of commercial quantity as per N.D.P.S. Act. During investigation several witnesses have also supported the prosecution case.

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

7. The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) arish/- U