Patna High CourtCR. MISC./55634/2019dismissed

Raj Kumar Rai @ Kumar v. The State Of Bihar

2019-12-11Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55634 of 2019 Arising Out of PS. Case No.-240 Year-2017 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAJ KUMAR RAI @ KUMAR Son of Vishwanath Rai Resident of Kachchi Dargah, Station Road, P.S.- Fatuha (Nadi Thana), District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr.Adv Mr. Ashok Kumar Mishra Mr. Varun Kumar For the State :

Mr.Jitendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 31,.05.2019 in connection with Hajipur Sadar P.S. Case No. 240/2017for the alleged offences under Sections 8,20(b)(ii)(c), 25 and 29 of the NDPS Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 1299.050 kg of ganja from a truck. It is submitted that the petitioner was not apprehended at the spot rather his name has surfaced on the extra-judicial confessional statement of the driver and khalasi of the truck who have stated that the petitioner was to receive the ganja. It is therefore, submitted that no recovery of the ganja has been made from the possession of the petitioner. The petitioner has been made accused in four prior cases involving NDPS Act, in all of which he has been granted bail by this Court.

4. Learned APP opposes the bail petition submitting that there is allegation that the huge quantity of ganja was meant for

Patna High Court CR. MISC. No.55634 of 2019(3) dt.11-12-2019 2/2 delivery to the petitioner who is accused in as many as four prior cases of similar nature.

5. Having regard to the nature of accusations, gravity of offence alleged and the criminal antecedents of the petitioner, this Court is not inclined to grant the privilege of bail to the petitioner. The petition stands dismissed.

(Vikash Jain, J) Chandran/- U T