Ganga Chaudhary @ Ganga Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59399 of 2024 Arising Out of PS. Case No.-55 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== Ganga Chaudhary @ Ganga Ram Son of Ramdev Chaudhary @ Ramnarayan Choudhary Resident of Village- Piprahi, Durgapur, P.S. -Raghopur, DistrictSupaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with N.D.P.S. Case No.08 of 2023 arising out of Raghopur P.S. Case No.55 of 2023 instituted under Sections 8, 20(b)(ii),(c), 25 & 29 of the N.D.P.S. Act.
3. As per the prosecution case, the Police intercepted a car in which three persons were sitting from whom two accused persons were apprehended on the spot whereas the petitioner had managed to flee away. On search, 104 kg of ganja was recovered and on the statement of the co-accused further 142 kg of ganja was also recovered from the house of the co-accused.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.59399 of 2024(2) dt.27-09-2024 2/2 petitioner is innocent and has been falsely implicated in this case. He further submits that no incriminating article has been recovered from the possession of the petitioner. The petitioner has one criminal antecedent in which he is on bail and he is in custody since 24.11.2023.
5. Learned A.P.P. for the State opposes the prayer for regular bail by submitting that the seized ganja is in the category of commercial quantity.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties and particularly the fact that seized ganja is in the category of commercial quantity, this Court is not inclined to grant regular bail to the petitioner.
7. Accordingly, this petition is dismissed.
(Sunil Dutta Mishra, J) ashishkr/- U T