Prakash Kumar Kurmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57349 of 2021 Arising Out of PS. Case No.-60 Year-2021 Thana- KUCHAIKOTE District- Gopalganj ====================================================== PRAKASH KUMAR KURMI S/o- Madan Raut Kurmi Resident of VillageWard No.10, Ranighat, P.S.- Birganj, District- Parsa (Nepal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Kuchaikote P.S. Case No. 60 of 2021 registered for the offences punishable under Sections 414, 420, 467, 468, 471, 34 of the IPC and Sections 20(b)II (C), 23, 25, 29 of the NDPS Act. As per prosecution case, 265.23 kg. of Charas (Hashish) was recovered from a vehicle in which petitioner and two others were found sitting.

Patna High Court CR. MISC. No.57349 of 2021(2) dt.01-02-2022 2/3 Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. It is further submitted that it appears from the FIR that 265.23 kg. of Charas (Hashish) has been recovered and petitioner is in custody since 08.02.2021.

The learned Additional Public Prosecutor vehemently opposed the prayer of bail submitting that there is recovery of huge quantity of narcotic drugs.

The grant of bail in NDPS cases where the recovery of commercial quantity of narcotic is alleged is circumscribed under the NDPS Act, 1985. Section 37 of the said Act says that before grant of bail, the Court must have reason to believe that the petitioner has not committed the offence and in the event of release, he would not commit similar offence in future. The issue was considered by the Hon'ble Supreme Court in the case of State of Kerala and Ors. Vs. Rajesh and Ors. reported in (2020) 12 SCC, 122.

The recovery of huge quantity of Charas (Hashish) would not justify that the petitioner had no knowledge of the narcotic nor there is any material to substantiate that petitioner would not commit such offence in the event of release.

Patna High Court CR. MISC. No.57349 of 2021(2) dt.01-02-2022 3/3 Hence, I am not inclined to enlarge the petitioner on bail in connection with Kuchaikote P.S. Case No. 60 of 2021 and accordingly, the same is rejected.

(Rajesh Kumar Verma, J) shahzad/- U T