Patna High CourtCR. MISC./45455/2022partly allowed disposal

Ram Prasad Ram v. The State Of Bihar

2023-01-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45455 of 2022 Arising Out of PS. Case No.-90 Year-2022 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== RAM PRASAD RAM SON OF LATE BUDHAN RAM R/O VILLAGEDEWAHALIA, P.S.- RAMGARH, DISTRICT- KAIMUR (BHABUA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Ramgarh P.S. Case No. 90 of 2022 for the offence registered under Sections 8(c), 20(b)(ii),C/27(A) of the N.D.P.S. Act.

The informant alongwith the police personnel had raided the house of the petitioner and 72 kg. of ganja was recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in

Patna High Court CR. MISC. No.45455 of 2022(3) dt.16-01-2023 2/2 custody since 17.03.2022.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that the quantity of ganja recovered from the house of the petitioner is much more than the commercial quantity specified in the Schedule notified under the provisions of the NDPS Act, 1985, hence, considering the stringent provisions contained under Section 37(1)(b) of the NDPS Act, 1985, I am not inclined to grant the bail to the petitioner, thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/Saurav U T