Patna High CourtCR. MISC./23908/2016dismissed

Jhaman Lal Yadav @ Jham Lal Yadav @ Mithlesh Yadav And ANR v. State Of Bihar And ANR

2016-05-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23908 of 2016 Arising Out of PS.Case No. -22 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ======================================================

1. Jhaman Lal Yadav @ Jham Lal Yadav @ Mithlesh Yadav son of Sri Suresh Yadav, Resident of village- Nawada Ben, Kurhwan Tola, P.S. Udwantnagar, District- Bhojpur at Ara

2. Devendra Mishra S/o Sri Mani Ram Mishra, resident of villageSahabuddinpur, P.S. Harpalpur, District- Hardoai (U.P.) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Directorate Revenue Intelligence, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aditya Narayan Singh-1 For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 Petitioners are languishing in custody since 19.09.2015 in a case registered for the offences punishable under Sections 8(C), 20, 25, 29 of the N.D.P.S. Act. The petitioners are driver and cleaner of the truck from which 763.90 Kgs of Ganja were recovered who confessed that they were carrying the Ganja from Orissa on payment of Rs. 15000/-.

It is submitted by learned counsel for the petitioners that actually the confession before the police has no meaning and the petitioners were not aware about the contraband being loaded in the truck. Moreover the seizure list was not prepared at the place of occurrence.

A statement has been made in para 3 of the

Patna High Court Cr.Misc. No.23908 of 2016 (2) dt.26-05-2016 2/2 petition that petitioners have no criminal antecedent. Considering the commercial quantity of recovery, this Court is not inclined to grant bail to the petitioners in connection with Special Case No. 26 of 2015, arising out of DRI F. No. DRI/AZU/PRU/718(II)/ENQ-22 of 2015, pending in the Court of learned Special Judge, Patna. Let the trial be expedited.

(Dinesh Kumar Singh, J) Shageer/- U T