Patna High CourtCR. MISC./47641/2018disposal with observation

Rahul Choudhary v. State Of Bihar And ANR

2018-09-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47641 of 2018 Arising Out of PS.Case No. -11 Year- 2018 Thana -D.R.I District- PATNA ====================================================== Rahul Choudhary S/o Sri Satyapal Singh, R/o Vill.- Husainpur, Hamir, Makhan Sankhya- 27, P.O.- Husainpur Hamir, Tahsil, Bilari, P.S.- Kudarki, District- Moradabad (U.P.).

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Union of India, through the Deputy Director of Revenue Intelligence Reginal Unit Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Prasad, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP For Union of India : Ms. Shail Kumari, C.G.C. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Special Case No. 49 of 2018, arising out of DRI/LZU.PRU/718(II)/ENQ11/2018 registered for the offences punishable under Sections 20, 23, 25 and 29 of N.D.P.S. Act.

Allegation against the petitioner is of recovery of 293.700 kg. of ganja from the truck in which petitioner and other persons were traveling and petitioner is said to be son of drivercum-owner of the truck. Submission of learned counsel for the petitioner is that he is no way responsible for the alleged recovery as he was not

Patna High Court Cr.Misc. No.47641 of 2018 (3) dt.20-09-2018 2/2 carrying ganja in the truck and petitioner is a student and bail is not granted to him, his career will be spoiled and he is in custody since 23.5.2018.

Heard learned APP and learned Central Government Counsel. They have opposed the prayer for bail. Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner at this stage.

However, once charge has been framed and trial is commenced, the petitioner shall be released on bail by learned trial court to its own satisfaction on the condition that he will cooperate in disposal of trial and appear before court as and when required.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T