Rupam Saha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64230 of 2024 Arising Out of PS. Case No.-474 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== RUPAM SAHA S/O LATE DIPANKAR SAHA R/O Mohalla- A.D Nagar, Surjopara, P.S - A.D Nagar, Distt.- West Tripura Agartala Tripura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh, Adv.

For the Opposite Party/s :

Mrs.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Simri Bakhtiyarpur P.S. Case No.474 of 2023, registered for the offence punishable u/s 8, 20(B)iiB, 21(b), 29 of NDPS Act. 3.

Altogether, 15.400 kg of contraband (ganja) is said to have been recovered from the car of the petitioner and driver along with four others were apprehended on the spot. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely made accused in this case merely on basis that he is owner of the said car but the real fact is that the car was hired by one Indrajeet Das to go to Silliguri from

Patna High Court CR. MISC. No.64230 of 2024(2) dt.01-10-2024 2/2 14.08.2023 to 17.08.2024 and during the said date, the petitioner was in contact with Indrajeet Das but after 17.08.2023, Indrajeet Das went unreachable, therefore, the petitioner submitted one application before the Officer-in-charge of Belonia South Tripura. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the alleged recovery of the contraband. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the aforesaid facts and circumstances and that the contraband has been recovered from the car of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T