Lalan Yadav v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61763 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== Lalan Yadav Son of Shyamjit Yadav Resident of Village- Naya Tola, Bhatwa, P.S.- Yadavpur, District- Gopalganj.
... ... Petitioner
Versus
1.
The Union of India 2.
The State of Bihar ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Addl.S.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2020 Heard the parties.
The petitioner seeks bail in N.C.B.Case No.13 of 2019 registered for the offence punishable under Sections 8,2,20,25, 29 of the N.D.P.S. Act.
The allegation against the petitioner is about recovery 240 Kg of Ganja from a Maruti Alto 800 and Bolero Jeep and raiding party caught hold 13 miscreants, while travelling on the aforesaid vehicles and trying to flee away.
Submission of learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and he was only a passenger. Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner. Further submission is that recovery of Ganja
Patna High Court CR. MISC. No.61763 of 2019(4) dt.03-03-2020 2/2 was shown from Maruti and Bolero Jeep. The petitioner is in custody since 26.05.2019.
On the other hand, learned Addl. Solicitor General has opposed the prayer for grant of bail and submits that recovery of huge quantity of Ganja was shown from the possession of the petitioner and other accused persons and confession of the petitioner under Section 67 of the N.D.P.S. Act are admissible as a part of evidence.
Considering facts, as stated above, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail stands rejected.
(Vinod Kumar Sinha, J) nawalkrs/- U T