Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40149 of 2020 Arising Out of PS. Case No.-13 Year-2018 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== RAVI KUMAR S/o Late Yamuna Prasad R/o Village - Alipur, P.S. - Mufassil, District - Bhojpur (Arrah) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dayanand Singh, Adv.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-06-2021 Heard Mr. Dayanand Singh, learned counsel for the petitioner and Mr. Uday Chand Prasad, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Economic Offence PS Case No. 13/2018 (Special Case No. 114/2018) registered for the offence punishable under Section 8, 20(b)(ii)(C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The allegation, as per First Information Report, is that the informant, who happens to be Sub Inspector, Economic Offence Unit, Patna, Bihar, after receiving a secret information that a consignment of Ganja was being transmitted to Ara via Koilwar over-bridge by a vehicle bearing Registration No. WB-

Patna High Court CR. MISC. No.40149 of 2020(5) dt.21-06-2021 2/3 20H-5246, proceeded towards Bihta Ara chowk and intercepted the said vehicle, in which four persons were sitting and upon search 55.5 Kilograms of Ganja was recovered from dickey of the said car. The petitioner was arrested on the spot from the said car.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case inasmuch as the petitioner had taken lift in the said car in order to reach Ara for urgent work. Learned counsel further submits that petitioner has got no criminal antecedents of similar nature of offence and he is in custody since 08.10.2018.

Learned counsel next submits that the petitioner is not the owner of the car and there is no cogent material against the petitioner to connect him with the present offence. Learned counsel also submits that the trial of the case has begun and one witness has also been examined as instructed to him. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that commercial quantity of Ganja has been recovered from car in which the petitioner was travelling and the trial of the case has also begun, accordingly, I am not inclined to grant regular

Patna High Court CR. MISC. No.40149 of 2020(5) dt.21-06-2021 3/3 bail to the petitioner at this stage. The prayer for bail of the petitioner, is hereby, rejected.

However, it is expected that the learned court below will expedite the trial and will try to complete it as early as possible preferably within a period of one year. (Anil Kumar Sinha, J) perwez U T