Arbind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50861 of 2021 Arising Out of PS. Case No.-7 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Arbind Kumar, S/o Doman Ray, R/V - Saidabad (Mohanpur), P.S.- Raghopur, Distt. - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Kumari Sujata Sinha, Advocate For the Opposite Party/s :

Mr. Bharat Lal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-04-2022 Learned counsel for the petitioner is permitted to remove the defect(s), 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.

The petitioner seeks regular bail, who is in custody in connection with NCB Crime Case No. 07 of 2020, giving rise to Special Case No. 103 of 2020, for the offences punishable under Sections 8(c) read with 20 (b)(ii)(c) and 29 of the NDPS Act, 1985.

As per prosecution case, it is alleged that on 16.07.2020, a team of Narcotic Control Bureau, Patna, on secret information intercepted a Truck bearing registration no. HR 46C

Patna High Court CR. MISC. No.50861 of 2021(3) dt.27-04-2022 2/3 8488. On search total 1400.200 Kg. of Ganja has been recovered. This petitioner (Arbind Kumar) and one Naeb Singh were arrested from the said truck.

It is submitted on behalf of learned counsel for the petitioner that the petitioner has no criminal antecedent and in fact he was a daily wager and was accompanied with the driver only in order to load and unload the articles/ materials loaded on the truck and he has no concern with the alleged recovered materials. It is also submitted that the petitioner is in jail custody since 17.07.2020 and charge-sheet has been submitted in this case.

On the other hand, learned APP for the State vehemently opposes the bail application and submits that a huge quantity i.e. 1400.200 kg of Ganja has been recovered from the truck of which the petitioner is said to be the Khalasi/cleaner and no leniency can be granted.

Having considered the submissions made on behalf of the parties and taking into consideration the serious nature of accusation and huge recovery of Ganja from the truck of which the petitioner was said to be the Khalasi/cleaner, this Court is not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer for bail is rejected.

Patna High Court CR. MISC. No.50861 of 2021(3) dt.27-04-2022 3/3 It is expected that the learned trial court will expedite the trial.

(Harish Kumar, J) uday/- U T