Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50886 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- NADI P.S. District- Patna ====================================================== Sanjeet Kumar, aged about 28 years, Gender-Male, Son Of Uday Ray, Resident Of Village - Masjid Gali, P.S. - Nadi, District - Patna ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Jay Ram Prasad, Advocate For the Opposite Party :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Nadi P.S. Case No. 89 of 2024 dated 15.03.2024 registered for the offences punishable under Sections 8, 20(b)(ii)(c) of the N.D.P.S. Act.

3. As per the prosecution case, total 68.700 kgs., Ganja was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the said Ganja is recovered from the joint house of the petitioner and the petitioner is not the owner of the said house. There is no

Patna High Court CR. MISC. No.50886 of 2024(7) dt.21-03-2025 2/3 statutory compliance of Sections 37 and 50 of the N.D.P.S. Act. He has no concern with the alleged offence. He had no knowledge that the alleged Ganja was kept in the said joint house. It is further submitted that the police forcibly arrested the petitioner and took his signature on the blank paper which was subsequently used in the forged seizure list. There is no eye witness or independent witness signed on the seizure list and both the witnesses who have signed on the seizure list are the police officials which shows that there is no statutory compliance under the N.D.P.S. Act. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 16.03.2024.

5. Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner and has further submitted that the petitioner is named in the F.I.R. and 68.700 kgs., Ganja was recovered from the house of the petitioner. The seized contraband is commercial quantity.

6. Considering the aforesaid facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Nadi P.S. Case No. 89 of 2024, pending in the court of learned Sessions Judge/Special Judge (N.D.P.S.), Patna.

Patna High Court CR. MISC. No.50886 of 2024(7) dt.21-03-2025 3/3

7. The application stands rejected.

8. The learned trial court is directed to expedite the trial and conclude the same at the earliest.

(Chandra Prakash Singh, J) U.K./- U T