Patna High CourtCR. MISC./610/2016dismissed

Pramod Mishra v. The State Of Bihar

2016-05-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.610 of 2016 Arising Out of PS.Case No. -88 Year- 2015 Thana -VIJAYPUR District- GOPALGANJ ======================================================

1. Pramod Mishra Son of Satyadeo Mishra, Resident of Village - Tekaniya P.S. - Guthni, District - Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar Singh For the Opposite Party/s : Mr. Md.Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 20.7.2015 in a case registered for the offences punishable under Sections 8,20 and 22 of the NDPS Act.

The prosecution case is that on secret information that illegal trafficking of ganja is going on, Dharmendra Kumar, SHO of Vijaypur police station raided the dairy farm of co accused Bipin Verma. The petitioner was present in the dairy farm when he was apprehended who gave the key of the room and from the room 9 kilograms of ganja and from outside the room 16 kilograms of ganja were recovered. .

It is submitted by the learned counsel for the petitioner that the petitioner was simply a labourer. He used to feed the

Patna High Court Cr.Misc. No.610 of 2016 (5) dt.17-05-2016 2/2 cattle and he had no knowledge about the alleged contraband. It is submitted by learned counsel for the State that commercial quantity of contraband ganja was recovered and the petitioner was employee of the dairy farm and was in occupation of the area from where the seizure was made.

Though statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent but considering the recovery of commercial quantity of contraband, this court is not inclined to grant bail to the petitioner in connection with Vijaypur P.S. Case No. 88 of 2015 pending in the court of learned Ist Additional Sessions Judge, Gopalganj. This application is, accordingly, dismissed. However, let the trial be expedited.

(Dinesh Kumar Singh, J) Anil/- U T