Patna High CourtCR. MISC./45535/2017dismissed

Kali Charan v. State Of Bihar And ANR

2017-09-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45535 of 2017 Arising Out of PS.Case No. -5 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ====================================================== Kali Charan, s/o Harendra, r/o vill+PO+PS- Masad, Dist- Ara permanent address father name-late Parshu Ram, r/o vill-Bisahuli, PS- Iglas, DistAligarh. .... .... Petitioner/s

Versus

1. State of Bihar

2. The Union of India through Directorate of Revenue Intelligence, Regional Unit 1st floor, Customs Office Building, Imalichatti, Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar : Mr. Rajeev Shekhar For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey For the UOI : Mr. Rajesh Kr. Verma (CGC) : Mr. S.D. Sanjay (Addl. S.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner The petitioner seeks regular bail in connection with D.R.I. case no. 05 of 2016 registered for the offences punishable under Sections 20(b)(II)(c), 25 and 29 of N.D.P.S. Act. The case of the prosecution as per the intelligence officer, D.R.I. Muzaffarpur is that acting upon a secret information, the officer of Directorate of Revenue Intelligence, Regional Unit (Muzaffarpur) apprehended and inspected the vehicle bearing registration no. HR 55Q 6550 on 01.10.2016 at 22.50 hrs. near Maithi Toll Plaza, Muzaffarpur and two persons

Patna High Court Cr.Misc. No.45535 of 2017 (2) dt.19-09-2017 2/2 namely Sumit Kr. Tiwary and Kalicharan (agent of the owner of ganja) were apprehended. Upon examination of the said vehicle, huge quantity of ganja totaling to about 483 kg was seized and it was believed that the said seized ganja is having a value of around Rs. 19 lacs.

The learned counsel for the petitioner submits that the petitioner is innocent, he had only taken lift from the truck driver and has got nothing to do with the truck or its driver or its owner.

Having regard to the facts and circumstances of the case, more particularly, the fact that a huge quantity of ganja, which is a contraband item, has been seized from the truck in which the petitioner and one other person were travelling, I do not find the present case to be a fit case for grant of regular bail. Accordingly, the prayer for grant of regular bail on behalf of petitioner is rejected.

(Mohit Kumar Shah, J.) rinkee/- U T