Pravin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54568 of 2021 Arising Out of PS. Case No.-306 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

PRAVIN KUMAR Son of Rajesh Sharma Resident of Village- Sowal, P.S.- Tekari, District- Gaya 2.

Mani Kumar Ray Son of Aasman Ray Resident of Village- Dhaula, P.S.- Dhaula, District- Tinsukiya (Assam) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2022 Heard learned counsel for the petitioners and learned A.P.P., Sri Brajendra Nath Pandey for the State through virtual court proceedings.

The petitioners seek bail in connection with Daudnagar P.S. Case No. 306 of 2021 instituted for the offences under Sections 8/20(B), (ii), (c) 25 and 29 of the N.D.P.S Act. Learned counsel for the petitioners submits that the petitioners are in custody since 11.06.2021, are persons with clean antecedent, charge-sheet has been submitted in the case and allegation is of recovery of 298 Kg of Ganja from a truck as detailed in the F.I.R.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.54568 of 2021(2) dt.16-02-2022 2/2 petitioners have been falsely implicated in the present case, the seized ganja does not belong to the petitioners and they were completely unaware that the truck in which they had taken lift was carrying ganja. It is further submitted that since the petitioners were not aware that ganja was being carried in the truck, as such they were totally taken aback when the police searched and found ganja inside the truck and they came to be apprehended.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners and submits that the quantity seized is much more than the commercial quantity and the petitioners were also found sitting in the truck. Considering the submissions of the learned counsel for the petitioners, even if it is true then also since the petitioners were found inside the vehicle from where huge recovery of ganja was made, the Court is not inclined to grant the bail to the petitioners.

(Satyavrat Verma, J) Gaurav Kumar/- U T