Rajan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70714 of 2021 Arising Out of PS. Case No.-443 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== RAJAN RAM S/o Vishun Ram R/o village- Madhuban Kanti, P.S.- Minapur, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shri Prakash Tiwari For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-02-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing for the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 04.08.2020 seeks regular bail in connection with Sadar P.S. Case No. 443 of 2020, for the offence punishable under Section 20 and 22 of N.D.P.S Act, pending in the Court of Addl. District & Sessions Judge-V, Muzaffarpur.

The prosecution case, in brief, is that 150 gram of Charas has been recovered from the possession of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that earlier the prayer for grant of bail of the petitioner has been rejected vide order dated 15.11.2021 passed

Patna High Court CR. MISC. No.70714 of 2021(3) dt.03-02-2022 2/2 in Criminal Miscellaneous No. 18293 of 2021, however, in course of argument of the said case, it could not be brought to the notice of this Court that the alleged Charas, which has been recovered from the possession of the petitioner along with other persons is less than commercial quantity. He further submitted that vide order dated 16.07.2021 a co-ordinate Bench of this Court in Criminal Miscellaneous No. 22072 of 2021, disposed of the petition with certain directions in respect of bail application of co-accused Arjun Kumar Ram. Considering the specific case of the informant that four accused has been named in the F.I.R. from whom different quantity of Charas were recovered with common intention to sell and same is not is less than the commercial quantity. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid submissions of the petitioner, this Court is not inclined to enlarge the petitioner on bail at this stage. Accordingly, his prayer for grant of bail is rejected.

The learned Court below is directed to conclude the trial expeditiously.

(Purnendu Singh, J) manish/- U T