Rajendra Ram @ Rajendra Prasad v. The Union Of India Through Narcotic Control Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59626 of 2021 Arising Out of PS. Case No.-6 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== RAJENDRA RAM @ RAJENDRA PRASAD S/o Lalit Ram R/o villageChiksil, P.S.- Gorari, District- Rohtas ... ... Petitioner/s

Versus

the Union of India through Narcotic Control Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.G.N. Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in a case registered for the offences under Sections 8(C), 20(b)(ii)(c), 25 and 29 of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 08.03.2021, he is a person with clean antecedent, charge-sheet has been submitted. The learned counsel further submits that informant alleges that a secret information was received that a truck is carrying huge quantity of Ganja, accordingly, a team was constituted and NCB official saw the truck coming and stop the truck and the driver, Girwardhari Pandey, disclosed that the

Patna High Court CR. MISC. No.59626 of 2021(3) dt.29-03-2022 2/3 truck was loaded with coal and 10 quintal of Ganja. It is further alleged that the driver and co-accused, Rajendra Ram (petitioner) stated that the Ganja was to be received by Sadhu Yadav and Dharmraj Singh @ Chunna, who will come to Auragabad to receive the consignment.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. He is not driver of the vehicle and had taken lift and even from perusal of the allegation as alleged in the FIR, it would manifest that it was the driver who disclosed the facts about the Ganja which further shows that petitioner was completely unaware what was loaded in the truck.

The learned Central Government counsel opposes the bail application of the petitioner and submits that the petitioner is alleged to have been apprehended from the truck along with the driver, as such, it cannot be presumed that the petitioner was unaware that what was loaded in the truck, further, the recovery is of commercial quantity of Ganja and bail of co-accused Dharmraj Singh @ Junna has been rejected vide order dated 24.03.2022 passed in Cr. Misc. No.52367 of 2021. Considering the submissions made by the learned Central Government counsel and in the nature of allegation that

Patna High Court CR. MISC. No.59626 of 2021(3) dt.29-03-2022 3/3 the petitioner was found siting in the truck along with driver, the Court, for the present, is not inclined to grant bail to the petitioner, therefore, the prayer for bail of this petitioner is rejected.

(Satyavrat Verma, J) sanjeev/- U T