Amarjeet Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69897 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== RAJIV KUMAR UPADHYAY Son of Late Durga Dutta Upadhyay Resident of Village - Rampur Udaybhan, Nai Basti, P.O.- Baliya, P.S.- Kotwali, District - Baliya (U.P.).

... ... Petitioner/s

Versus

The Union of India through Superintendent of Narcotics Control Bureau, Patna Zone B.D. College Road Raja Bazar, Patna - 14, Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 44009 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== AMARJEET KUMAR SHARMA Son of Umesh Sharma Resident of villageAnand Nagar, Nai Basti, Bahadurpur, P.O- Baliya, P.S- Kotwali, Dist- Baliya, (Utter Pradesh) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jr. Intelligence Officer, NCB, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 69897 of 2022) For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. K.N. Singh Asg, APP Mr. Radhika Raman, CGC Mr. Ram T. Singh, Adv.

(In CRIMINAL MISCELLANEOUS No. 44009 of 2022) For the Petitioner/s :

Mr.Krishna Prasad Singh, Sr. Adv.

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP For UOI :

Mr. Ankit Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-04-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

Patna High Court CR. MISC. No.69897 of 2022(9) dt.20-04-2023 2/2 In this case, the petitioners are seeking regular bail in connection with Special Case No. 6640 of 2021 arising out of Government Official Comp. P.S. Case No. 14 of 2022, registered for the offences punishable under Sections 8(C) r/w 20 (b)(ii), 25, 29 of N.D.P.S Act 1985.

A Mahindra XUV-500 vehicle was intercepted by the team of Narcotics Control Bureau and 100 kg of ganja was recovered from that vehicle. Both the petitioners were arrested from that vehicle.

Learned counsels for the petitioners have submitted that they are innocent and have falsely been implicated. They are the persons of clean antecedents.

On the other hand, the learned counsel for the Union of India has opposed the prayer for bail and submitted that 100 kg ganja was recovered from vehicle of the petitioner which is five times more than the commercial quantity and in laboratory test it was found that the seized article was ganja.

Considering the above-mentioned facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, it is rejected.

(Nawneet Kumar Pandey, J) SONALI/- U T