Patna High CourtCR. MISC./63067/2023bail rejected

Dharmendra Yadav v. The State Of Bihar

2024-02-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63067 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Begusarai ====================================================== 1.

DHARMENDRA YADAV S/O GANESH YADAV R/O VILLAGE- HIRA TOL, WARD NO. 3, RAGHUNATHPUR BARARI, P.S- SAHEBPUR KAMAL, DISTT.- BEGUSARAI.

RANA SANJIV YADAV S/O JAYJAY RAM YADAV R/O VILLAGEHIRA TOL, WARD NO. 3, RAGHUNATHPUR BARARI, P.SSAHEBPUR KAMAL, DISTT.- BEGUSARAI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR 2.

THE UNION OF INDIA THROUGH N.C.B INTELLIGENCE BUREAU OFFICER, PZU, PATNA. BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Ramakant Akela For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seeks regular bail in connection with N.D.P.S. P.S. Case No. 27 of 2023 arising out of NCB Case No. 09/2023 lodged under Sections 8(C), 21(C), 25 and 29 of the NDPS Act.

3. As per the prosecution case, F.I.R. has been lodged against the petitioners and others from whose possession total recovery of 260gm of Heroine.

4. Counsel further submits that petitioners are

Patna High Court CR. MISC. No.63067 of 2023(5) dt.27-02-2024 2/2 innocent and has committed no offence. He further submits that petitioners are in custody since 27.05.2023 having no criminal case pending against him. Charge has been framed in this case. There were total four persons who were present in the said vehicle. Counsel further submits that petitioners are neither driver nor owner of the vehicle, they co-passenger who has taken lift and completely unaware of the fact that NDPS material is available in the said vehicle.

5. Counsel further submits that one of the co-accused namely Suman Kumar Singh has been granted bail vide order dated 07.02.2024 in Cr. Misc. No. 67805 of 2023.

6. Learned counsel for the State opposes the prayer for bail and submits that heroine is NDPS material and total of 260 gms has been recovered.

7. In the present facts and circumstances of this case, this Court is not inclined to grant bail to the petitioners. Accordingly, the bail applications of the petitioners stands rejected.

(Dr. Anshuman, J) sunnykr/- U