Patna High CourtCR. MISC./56182/2023bail rejected

Sheojee Singh v. The State Of Bihar

2024-01-12Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56182 of 2023 Arising Out of PS. Case No.-24 Year-2021 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Aurangabad ====================================================== SHEOJEE SINGH S/O RAJI NANDAN SINGH R/O VILLAGE- NEW KARMAN TOLA, WARD NO. 38, P.S- ARRAH NAWADA, DISTT.- BHOJPUR.

... ... Petitioner/s

Versus

The State of Bihar 2.

The Union of India through the Ministry of Home Affairs, Narcotic Control Bureau Karpuri Thakur Sadan Rajeev Nagar, Patna-25, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2024

1. Heard learned counsel for the petitioner, learned counsel for the Union of India and learned counsel for the State of Bihar.

2. The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 8(c), 20, 25 and 29 of the NDPS Act.

3. As per the prosecution case, a total of 994 kgs of ganja was recovered from the vehicle in question. The petitioner is said to be the registered owner of the vehicle.

4. Learned counsel for the petitioner submits that earlier prayer for bail of the petitioner was rejected vide order dated 11.1.2023 passed in Cr. Misc. no.19624 of 2022. The

Patna High Court CR. MISC. No.56182 of 2023(6) dt.12-01-2024 2/3 petitioner has no concern with the allegedly recovered contraband and has been falsely implicated in the case only for the reason that he happens to be the registered owner of the vehicle. In fact, the petitioner had sold the vehicle on 14.7.2021 to one Satyendra Kumar Choudhary on the basis of a notarized agreement, however the transfer has not been entered in the District Transport Office. No incriminating article has been recovered from the petitioner's possession. He is in custody since 6.1.2022 and has no antecedent of similar nature. Chargesheet has been submitted in the case and the petitioner undertakes to abide by the conditions which may be laid by this Court for his release on bail.

5. The application for bail is opposed by learned counsel appearing for the Union of India. Learned counsel submits that the petitioner happens to be the registered owner of the truck in question from which, on search, a total of 994 kgs of ganja was recovered.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R. according to which 994 kgs of ganja was recovered from the vehicle of which the petitioner is the registered owner, the Court is not inclined to enlarge the petitioner on bail and the application is

Patna High Court CR. MISC. No.56182 of 2023(6) dt.12-01-2024 3/3 rejected.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T