Dhananjay Yadav@ Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48141 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- D.R.I District- Patna ====================================================== Dhananjay Yadav@ Dhananjay Kumar Son Of Late Birasi Yadav Resident of Village - Larhuari, P.O.- Pillich, P.S.- Parbalpur, P.s.- Nalanda, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar Nirala, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-06-2022 Let the defects, if any, be removed within four weeks from today.

Heard Mr. Mritunjay Kumar Nirala, learned counsel for the petitioner as well as learned counsel for the Union of India.

The petitioner is languishing in custody in connection with Special Case No. 03 of 2021 arising out of DRI Patna Case No. 15 of 2020 registered for the offences punishable under Sections 20, 25 and 29 of NDPS Act.

As per prosecution case, it is alleged that on 08.01.2021 on a secret information raid was conducted by the Intelligence Officer of DRI, Patna and a truck bearing Registration No. BR21-G 4042 was apprehended. On search being made 576.650 Kg Ganja was recovered from the alleged truck. It is further alleged

Patna High Court CR. MISC. No.48141 of 2021(3) dt.23-06-2022 2/3 that this petitioner was said to be Khalsi of the truck. It is submitted by the learned counsel for the petitioner that being Khalsi of the truck, he was not aware about the consignment loaded in the truck. It is also submitted that the petitioner is having clean antecedent and he has never been indulged in such type of offence. It is further submitted that his signature has been obtained on a blank paper and he has never confessed his guilt and further more this petitioner is in custody since 08.01.2021, though the investigation has already been concluded and the charge sheet has been submitted. On the other hand, learned counsel for the State opposses the bail application of the petitioner and submits that huge consignment of Ganja wherein 576.650 KG was recovered from the truck and the petitioner was found present.

Having considered the submissions made on behalf of the parties and taking into consideration the fact that huge commercial quantity of contraband Ganja has been recovered from a truck, wherein the petitioner, who is said to be Khalsi, was found present, as also in view of, the materials available on the record suggesting the complicity of this petitioner in the present crime, this Court is not persuaded to enlarge the

Patna High Court CR. MISC. No.48141 of 2021(3) dt.23-06-2022 3/3 petitioner on bail and as such prayer for bail of the petitioner stands rejected at present.

(Harish Kumar, J.) N.K/- U T