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Patna High CourtCR. MISC./4819/2021bail rejected

Pankaj Kumar v. The State Of Bihar

2021-03-25Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4819 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- INDUSTRIAL District- Bhagalpur ====================================================== PANKAJ KUMAR, S/O- Laxman Mandal, R/o- Village - Nawabganj Basa Tola, P.S. - Kursela, District - Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amish Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2021 Heard Mr. Amish Kumar, learned Counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of NDPS Police Station Case No. 19 of 2020, arising out of Industrial P.S. Case No.58 of 2020), disclosing offences under Section 20/22 of the Narcotics Drugs and Psychotropic Substance (NDPS) Act.

The allegation against the petitioner is that police intercepted one ambassador car and one swift desire and recovered 50 kg of Ganja and the petitioner along with other accused persons were arrested from the spot.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and the cars from

Patna High Court CR. MISC. No.4819 of 2021(2) dt.25-03-2021 2/2 which Ganja has been recovered do not belong to the petitioner. Learned counsel next submits that the petitioner had taken lift in the swift desire as a passenger and he was not aware about the Ganja being kept therein.

Having regard to the submissions made by the parties and taking into consideration the fact that huge quantity of Ganja has been recovered from the cars in which the petitioner was found sitting which comes under commercial quantity. Accordingly, I am not inclined to grant regular bail to the petitioner and the same is rejected.

(Anil Kumar Sinha, J) sanjeev/- U T