Arjun Kumar Rai @ Arjun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7786 of 2021 Arising Out of PS. Case No.-381 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== ARJUN KUMAR RAI @ ARJUN RAI S/O LALA RAI R/O VILLAGECHAKAIMA , P.S.-HAJIPUR SADAR, DISTRICT-VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Hajipur Sadar Police Station Case No. 381 of 2020, disclosing offences under Sections 8/20(b) (ii) A/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The allegation, as per the First Information Report, is that 24 gms. of smack and 1100 gms. of ganja was recovered from the petitioner.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. He further submits that along with the petitioner, two other co-accused persons were also arrested and from their possession, 10 gms.

Patna High Court CR. MISC. No.7786 of 2021(2) dt.15-04-2021 2/2 And 26 gms. of smack respectively were recovered. He further submits that co-accused Manoj Rai has been granted bail by the learned Court below itself; whereas other co-accused, namely, Pintu Kumar has been granted bail by this Court, vide order, dated 16.03.2021, passed in Criminal Misc. No. 41111 of 2021. He next submits that the petitioner is in custody since 30.06.2020 and charge sheet has already been submitted against the petitioner, as such there is no likelihood that the petitioner will abscond or tamper with the evidence.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that 1100 gms. of ganja was also recovered from the possession of the petitioner, which is less that commercial quantity and more than small quantity, I am not inclined to grant regular bail to the petitioner.

This application is, accordingly, dismissed.

However, the petitioner may renew his prayer for bail after six months from today, if the trial does not show any progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √