Patna High CourtCR. MISC./48506/2023rejected

Arbind Kumar v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48506 of 2023 Arising Out of PS. Case No.-96 Year-2021 Thana- BITHAN District- Samastipur ====================================================== ARBIND KUMAR Son of Ganga Prasad @ Ganga Prasad Mahto Resident of village - Bithan Bazar, P.S. - Bithan, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sujit Kumar Singh For the Opposite Party/s :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bithan P.S. Case No. 96 of 2021 instituted for the offence under Sections 20 and 22 of the N.D.P.S. Act.

3. As per F.I.R., prosecution case relates to recovery of 35 kg. Ganja like substance from the house of the petitioner and he managed to escape.

4. Learned counsel for the petitioner submits that petitioner is innocent and committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged ganja, which was recovered from the joint ancestral house of the petitioner. It is further submitted that the provision of N.D.P.S. Act has not been followed properly. Moreover, the

Patna High Court CR. MISC. No.48506 of 2023(5) dt.07-11-2023 2/2 petitioner is languishing in judicial custody since 3.5.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner was apprehended on spot from whose possession, ganja like substance was recovered which is said to be 35 kg and the same comes within purview of commercial quantity. It is also submitted that witnesses of this case have also supported the prosecution.

6. Having heard the learned counsel for the parties and considering the commercial quantity of the contraband substance, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) sushma/- U