Rakesh Kumar @ Rakesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57072 of 2024 Arising Out of PS. Case No.-308 Year-2024 Thana- NAWADA District- Nawada ====================================================== Rakesh Kumar @ Rakesh Singh Son of Shashi Bhushan Sharma Resident of Vill- Bela, Mohanandpur, P.S.- Nemdarganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harendra Prasad, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Nawada Town P.S. Case No. 308 of 2024 instituted for the offences under Sections 8/20(b)(ii)(c)/22/29 of the NDPS Act. 3.

Prosecution allegation, in short, is that 61 Kg of Ganja has been recovered from cabin of the truck and during course of investigation another seizure list was prepared, in which 176 Kg ganja was recovered from the same truck. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 25-04-2024 and has got no criminal antecedent. Charge-sheet has been submitted

Patna High Court CR. MISC. No.57072 of 2024(3) dt.14-11-2024 2/3 in this case. There is no allegation of tampering of witnesses alleged against the petitioner. Name of the petitioner has surfaced in this case on the confessional statement of driver of the vehicle from which recovery was being made. Learned counsel further submits that there is complete violation of Section 50 of the NDPS Act. There is no compliance of Section 100 of the Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act. In addition it is submitted that after the confessional statement of the petitioner, there was recovery of 176 Kg of ganja from the same vehicle, which fact finds mention at paragraph No. 72 of the case diary. 6.

Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.

7.

The prayer is rejected.

8.

The Trial Court is directed to expedite the trial as

Patna High Court CR. MISC. No.57072 of 2024(3) dt.14-11-2024 3/3 expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T