Dinesh Ray @ Dinesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47510 of 2022 Arising Out of PS. Case No.-17 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Dinesh Ray @ Dinesh Rai Son Of Shakaldeep Ray R/O Village- Mohanpur, P.S.- Raghopur, District- Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

The Union Of India Through Narcotics Control Bureau, D And E Block 4th Floor Karpoori Thakur Sadan Cgo Complex Rajiv Nagar Patna-25, India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad :

Mr. Niranjan Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha For the UOI (NCB) :

Smt. Renuka Sharma Mr. Rakesh Kumar Mr Rajni Kant Singh Mr. Manish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with N.D.P.S Case No. 22 of 2021, arising out of NCB, Case No. 17 of 2021 instituted for the offence under Sections 8(c), 20(B) (ii) (c)/25/29 of N.D.P.S Act.

Prosecution case relates to recovery of 200.500 kg of ganja from the truck which was being driven by the petitioner along with one co-accused person.

Patna High Court CR. MISC. No.47510 of 2022(5) dt.16-03-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. It is further submitted that the petitioner had no knowledge about the alleged ganja which was kept in truck. Further submitted that nothing has been recovered from the conscious possession of the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 30.07.2021.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that huge quantity of ganja i.e, more than commercial quantity has been recovered from the truck which was being driven by the petitioner at the time of arrest. The co-accused namely, Reshu Kumar, who was also involved in the alleged offence whose bail petition has already been rejected by the different co-ordinate Bench of this Court vide order dated 24.08.2022. in Cr. Misc. No. 29991 of 2022.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.47510 of 2022(5) dt.16-03-2023 3/3 The trial court is directed to expedite the trial and conclude the same as early as possible.

(Sunil Kumar Panwar, J) shubham/- U T