Patna High CourtCR. MISC./43072/2022bail rejected

Jawahar Sah v. The State Of Bihar

2022-12-23Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43072 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Jawahar Sah S/o Shankar Sah R/o village and P.O.- Mathurapur, P.S.- Warisnagar, District- Samastipur (Bihar0 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with N.C.B. Case No. 05 of 2022 lodged under Section 8(c) read with Sections 20(b), (ii), (c), 25 & 29 of the N.D.P.S. Act, 1985. As per the prosecution case, the F.I.R. has been lodged by the Intelligence Officer N.C.B., Patna. The recovery of 5 and 1⁄2 quintal ganja approx has been made from a truck in which the petitioner was sitting alonwith a driver, which is the subject matter of the present case.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.43072 of 2022(2) dt.23-12-2022 2/2 only material against the petitioner is his own confession which may not be relied upon. Counsel further submits that petitioner is in custody since 31.01.2022 having one criminal antecedent. Charge sheet has already been filed in this case. Counsel submits that the antecedent is not relating to N.D.P.S. material. Learned counsel for the State vehemently opposes the prayer for bail and submits that the huge quantity of ganja which is much more than the commercial quantity has been recovered from a truck on which the petitioner and driver were sitting.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner and, therefore, his bail application is hereby rejected.

The Trial Court is directed to expedite the trial as early as possible.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T