Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56379 of 2022 Arising Out of PS. Case No.-30 Year-2022 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== PRADEEP KUMAR Son of Sarvjit Sah @ Sarvjit Gupta R/V- Dadar, P.SMohania, Dist- Kaimur, Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-02-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Durgawati P.S. Case No. 30 of 2022, registered for the offences punishable under Sections 8(c), 20(b)(ii), (c), 29 and 27(A) of the NDPS Act.

As per allegation, 666.34 kg of Ganja was recovered from a Tata 407 bearing Registration No. WB37D4917.

Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered

Patna High Court CR. MISC. No.56379 of 2022(3) dt.16-02-2023 2/3 from the conscious possession of the petitioner. He further submits that the petitioner has been languishing in jail since 19.02.2022.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in three other cases.

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail submitting that quantity of the recovered contraband is much more than commercial one and from the CDR it transpires that this petitioner was in close contact with Nakul Kumar who in turn was in close contact with main accused Jugesh Tirky which shows that all these persons were a gang for carrying illegal trade of contraband.

Considering the aforesaid facts and circumstances, particularly the huge quantity of contraband, I am not persuaded to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.56379 of 2022(3) dt.16-02-2023 3/3 This application stands rejected accordingly. Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) ashishkr/- U T