Patna High CourtCR. MISC./43586/2024bail rejected

Amresh Paswan v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43586 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- FULKAHA District- Araria ====================================================== Amresh Paswan Son of Rami Paswan Resident of Village - Bhawanipur, Ward No.- 05, P.S.- Fulkaha, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard Mr. Vijay Kishore Bharti, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. The petitioner seeks bail in Fulkaha P.S. Case No. 15 of 2024, instituted for the offences punishable under Sections 8, 20(b)(ii)(c) of the N.D.P.S. Act.

3. The prosecution case, in short, is that, there is recovery of 120 Kg ganja 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 the petitioner further submits that the petitioner has got no concern with the alleged recovery of ganja. The petitioner is in custody since 06.02.2024 and has got no criminal antecedent.

Patna High Court CR. MISC. No.43586 of 2024(4) dt.26-10-2024 2/2

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that 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.

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