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Patna High CourtCR. MISC./54610/2021bail rejected

Ramesh Rai v. The State Of Bihar

2022-01-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54610 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== RAMESH RAI Son of Shivaji Rai Resident of Village - Jethuli, Post Office - Kachchi Dargah, P.S.- Nadi, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Union of India through N.C.B, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mrs. Shaheen Begum For the NCB : Mrs. Shail Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 20(b), (ii), C, 25, 29 of the NDPS Act.

As per the prosecution case, 1223.7 Kg. of Ganja has been recovered from an oil tanker and driver and cleaner of the vehicle, who were apprehended on the spot, disclosed the name of this petitioner as one of their associates. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Petitioner is neither driver nor owner of the vehicle in question and only on the basis of confessional statement he has

Patna High Court CR. MISC. No.54610 of 2021(3) dt.13-01-2022 2/2 been made accused in this case. Petitioner claims clean antecedent and is in custody since 10.06.2021 and investigation in this case is complete.

Learned counsel appearing for the State and the NCB opposed the prayer for bail and submitted that commercial quantity of Ganja has been recovered from the vehicle and name of this petitioner has come on the basis of confessional statement of driver and cleaner of the vehicle. Considering the nature of accusation and the recovery of huge quantity of Ganja, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T