Ramu Rai @ Ramu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41584 of 2024 Arising Out of PS. Case No.-221 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Ramu Rai @ Ramu Yadav, son of Late Baijulal Rai @ Baijulal Yadav, Resident of village- Narha Chandi Dhab, P.S.- Rajepur Dist- East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Ms. Y. Madhavi, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Rajepur P.S. Case No.221 of 2023 registered for the offences punishable under Sections 8, 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'N.D.P.S. Act).
3. The accused/petitioner is named in the FIR and is in custody since 22.03.2024.
4. Allegation against the petitioner is to have in possession of about 20 kg. of ganja.
5. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated with
2/4 present case for the reason that during the course of investigation, the place of recovery subsequently found belongs to one Brijnandan and Rameshwar Rai, where the petitioner, who is 70 years old not appears to be connected in any manner with alleged bamboo clamps and also with recovered ganja. It is submitted that bamboo clamps is an open place and accessible by general public. It is submitted that the seizure list witnesses during the course of investigation filed a separate affidavit and they retracted from their own version, which made earlier during the investigation in support of seizure and said that they put their signature only on blank paper. It is submitted that false implication can be gathered easily from seizure list itself.
In this context, it is pointed out that seizure list is speaking clearly that quantity of recovery as 20 kgs of ganja which found wrapped in a plastic bag. Therefore, if any weight will reduce upon weighing of contraband for plastic bag, same would be fall below 20 kgs. making actual contraband less than the commercial quantity and, therefore, the rigorous provision of Section 37 of the N.D.P.S.
3/4 be applicable in present case. While concluding argument, it is submitted that petitioner is a man of clean antecedent and moreover investigation of this case has been completed, for which, charge-sheet has already submitted and, as such, there is no chance of tampering with the evidence.
6. Learned APP while opposing the prayer for grant of bail to the petitioner fairly conceded that seizure list suggest recovery of contraband/ganja about 20 kgs, which was wrapped in a plastic bag.
7. In view of above-mentioned facts and circumstances and by taking note of fact as recovered quantity appears prima facie less than commercial quantity upon bare perusal of seizure list, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 22.03.2024, who is a man of clean antecedent and moreover the alleged recovery also appears from a bamboo clamps, which is an open place and accessible by general public, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
4/4 like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, East Champaran, Motihari in connection with Rajepur P.S. Case No.221 of 2023, subject to the conditions as laid down under Section 437(3) of the CrPC/under Section 480(3) of the BNSS.
(Chandra Shekhar Jha, J.) Sanjeet/- U T