Jagwinder Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70359 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- D.R.I District- Muzaffarpur ====================================================== Jagwinder Singh Son of Late Amarjeet Singh Resident of Village - Kharwahi, P.S. - Sadar, District - Barnala (Punjab).

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunil Kumar, Intelligence Officer, DRI, Regional Unit, Muzaffarpur Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned Special Public Prosecutor for the State. The petitioner seeks bail in connection with D.R.I. Case No. 09 of 2020, dated 02.12.2020, registered for the offences punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

As per allegation, 190 packets of Ganja, weighing about 660 Kgs, were recovered from a tanker bearing Registration No. MP06HC1243.

The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is the

Patna High Court CR. MISC. No.70359 of 2021(6) dt.29-11-2022 2/3 innocent driver and he was not aware of the contraband kept in the truck.

The petitioner has been languishing in jail since 02.12.2020.

It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Hon'ble Court for grant of anticipatory bail or regular bail. It has further been stated in paragraph no. 3 of the petition that the petitioner has no criminal antecedent. However, the learned APP for the State vehemently opposes the prayer of the petitioner for bail submitting that there is huge amount of contraband recovered from the vehicle which the accused-petitioner was driving.

Considering the aforesaid facts and circumstances, particularly the recovery of huge quantity of contraband, I am not persuaded to enlarge the petitioner on bail. The application stands rejected accordingly.

The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office

Patna High Court CR. MISC. No.70359 of 2021(6) dt.29-11-2022 3/3 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) skm/- U T