Ravindra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37045 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- BEUR District- Patna ====================================================== Ravindra Singh Son Of Late Ramji Singh Resident Of Village- Dashratha Pain (Sipara), P.S.- Beur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Patel, Advocate For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-02-2023 Learned counsel for the petitioner is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sectionss 411, 34 of the Indian Penal Code and Sections 8, 20(b)(ii)(c) and 22(c) of the N.D.P.S. Act. Recovery is of 65.500 Kg of Ganja.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that altogether 65.500 Kg. of Ganja has been recovered from the house of co-accused

Patna High Court CR. MISC. No.37045 of 2022(5) dt.24-02-2023 2/3 Dipak Kumar where the petitioner was present with the alleged substance.

Vide order dated 24.01.2023, FSL report was called for and the FSL report confirms that the recovered contraband is Ganja and there is embargo under Section 37 of the N.D.P.S. Act.

The grant of bail in NDPS cases where the recovery of commercial quantity of narcotic is alleged is circumscribed under Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 which says that before grant of bail, the Court must have reason to believe that petitioner has not committed the offence and in the event of release he would not commit similar offence.

The issue was considered by the Hon'ble Supreme Court in the case of State of Kerala and Ors. Vs. Rajesh & Ors., reported in 2020 (12) SCC 122 as well as in the case of Narcotic Control Bureau Vs. Mohit Aggarwal reported in AIR 2022 SC 3444.

The recovery of huge quantity of Ganja from the possession of the petitioner would not justify that the petitioner had no knowledge of the narcotic nor there is any material to substantiate that the petitioner would not commit such offence

Patna High Court CR. MISC. No.37045 of 2022(5) dt.24-02-2023 3/3 in the event of release.

Hence, I am not inclined to enlarge the petitioner on bail in connection with Special Case No. 05 of 2022 arising out of Beur P.S. Case No. 15 of 2022 pending in the Court of learned District & Sessions Judge/Special Judge, Patna. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T