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Patna High CourtCR. MISC./53559/2021bail rejected

Dhiraj Kumar Mandal v. The State Of Bihar

2022-05-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53559 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== DHIRAJ KUMAR MANDAL S/o Late Nagina Mandal R/o villageMahmadih (Harbhanga Tola), P.S.- Patahi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP For the U.O.I.(NCB) : Ms. Shail Kumari, C.G.C. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 20(b)(ii)(C), 23(C), 25 and 29 of the N.D.P.S. Act.

As per the prosecution case, 20.55 kgs of Charas was recovered from the tempo being driven by the co-accused and in which the petitioner was also present. The petitioner along with the co-accused were taken into custody. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He has no concern with the seized drugs nor with the vehicle in question. He was merely a passenger and did not know the contents of the goods loaded in the tempo. He is in custody

Patna High Court CR. MISC. No.53559 of 2021(5) dt.17-05-2022 2/2 since 19.4.2021 and has no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the material on record wherein it has transpired that the petitioner and the co-accused were involved in carrying of the narcotic substances of one Salim and the petitioner having been arrested from the tempo from where 20.55 kgs of Charas was recovered, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T