Bhawal Barman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46394 of 2019 Arising Out of PS. Case No.-418 Year-2018 Thana- BARARI District- Katihar ====================================================== Bhawal Barman Son of Harendra Nath Barman Resident of Village-Baisguri, P.S.-Mathabhanga, District-Cooch Behar, West Bengal ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanchay Srivastava, Advocate For the Opposite Party :

Mr.Atul Chandra, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner is an accused in a case registered for the offence under sections 20 & 22 of the NDPS Act. Acting on a tip off, police raided house of accused Arvind @ Yugal Choudhary, said to be used for storing husk and spotted a vehicle (Bolero) waiting for unloading something. Petitioner was found to be sitting on the driver's seat, whereas accused Arvind was standing close to the back side door of the vehicle. In course of search of the vehicle, 198 kilograms Ganja was recovered from the back seat of the said vehicle. Both accused persons caught at the spot, though they tried to flee away.

Learned counsel for the petitioner submits that the petitioner, having no criminal antecedent, has falsely been implicated in this case as there is no eye witness to the alleged search and seizure. Petitioner is in custody since 23.10.2018 and claims parity with co-accused Arvind @ Yugal Choudhary, who had also been arrested along with the petitioner, has already been allowed regular bail by a bench of this Court vide order

Patna High Court CR. MISC. No.46394 of 2019(3) dt.23-10-2019 2/2 dated 17.8.2019, passed in Cr.Mis.No. 30436 of 2019. Learned counsel for the State opposes the prayer for bail pointing out that the case of the co-accused Arvind cannot be equated with the case of the petitioner, as the said Arvind was spotted standing near the vehicle, whereas petitioner was sitting on the driver's seat of the vehicle wherefrom recovery of huge quantity of contraband material (Ganja) was made. He further submits that it seems improbable that a driver will be ignorant of the consignment loaded in his vehicle.

In view of the aforesaid facts and circumstances of the case, I am not inclined to admit the petitioner to the bail. Bail application is accordingly dismissed.

(Prabhat Kumar Singh, J) Shashi U T