Patna High CourtCR. MISC./43394/2024bail rejected

Ramanuj Kumar @ Pramod Kumar v. The State Of Bihar

2024-10-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43394 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- LUTUA District- Gaya ====================================================== Ramanuj Kumar @ Pramod Kumar S/O Ram Dular Sao R/O Village- Lutua, P.S- Lutua, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Lutua P.S. Case No. 03 of 2024, instituted for the offences punishable under Sections 8, 17(c) and 18(c) of the N.D.P.S. Act.

3. The prosecution case, in short, is that, there is recovery of 08.5 Kg milk of "Afeem" in four boxes from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.43394 of 2024(3) dt.26-10-2024 2/2 the petitioner also submits that the petitioner has got no concern with the alleged recovery of the contraband. The petitioner is in custody since 03.03.2024 and has got no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. also submits that from the FSL report it transpires that the recovered contraband is Morphine and the recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act.

6. Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The Trial Court is directed to expedite the Trial expeditiously.

(Rudra Prakash Mishra, J) Rajorshi/- U T