Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40634 of 2024 Arising Out of PS. Case No.-53 Year-2023 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== Dharmendra Kumar S/O Lal Bahadur Ram R/O Village- Dumarkon P.SAdhaura,Dist-Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-07-2024 Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner seeks bail in connection with Adhaura P.S. Case No. 53 of 2023 registered for the offence under Sections 8©, 20(b) (ii) (c), 22, 27(a) of the NDPS Act.

3. As per the prosecution case, there is recovery of 38 kg of Ganja from the motorcycle on which Dipu and Dharmendra Kumar were travelling.

4. Learned counsel for the petitioner submits that the petitioner is a pillion rider and the said Ganja doesn't belongs to him and the same was being carried without his knowledge. The petitioner is in custody since 02.10.2023.

5. Every smuggler takes this defense that the contraband doesn't belongs to him and he was a co-passenger.

Patna High Court CR. MISC. No.40634 of 2024(2) dt.19-07-2024 2/2

6. Considering the huge recovery of Ganja, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer of bail of the petitioner is rejected herewith.

(Sandeep Kumar, J) Guddu/- U T