Patna High CourtCR. MISC./66176/2024dismissed

Rohit Singh @ Karan Singh @ Tapali Singh v. The State Of Bihar

2025-03-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66176 of 2024 Arising Out of PS. Case No.-107 Year-2021 Thana- KOCHAS District- Rohtas ====================================================== Rohit Singh @ Karan Singh @ Tapali Singh S/o- Bhaiya Lal Singh @ Satendra Singh Resident of Village- Bel Dehri PS- Sikrahta, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Narayan Mishra For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with NDPS Case No. 9 of 2021 arising out of Kochas (Parsathua) P.S. Case No. 107 of 2021 registered for the offence under Sections 8, 20(b)(ii)(C)/25, 29 of the NDPS Act.

3. As per the prosecution case, the recovery is of 390 Kgs. of Ganja from a truck and the petitioner is in custody since 27.02.2024.

4. In compliance of the order dated 20.01.2025, a report regarding the stage of trial has been received from the concerned Court below which shows that the trial has started and out of 7 charge-sheeted witnesses, one witness has already been examined and the trial was delayed because the witnesses

Patna High Court CR. MISC. No.66176 of 2024(4) dt.19-03-2025 2/2 were not being produced before the special Judge.

5. It has been argued by the learned counsel for the petitioner that the petitioner is innocent and he was not named in the FIR. He further submits that the petitioner is neither the driver of the truck nor he is the owner of the truck and his name has come in the self-inculpatory statement of the driver of the truck.

6. Learned APP for the petitioner has opposed the bail application of the petitioner and has submitted that the petitioner is also a member of the gang which is involved in the smuggling of Ganja.

7. Considering the huge quantity of recovery of Ganja and also in view of the law laid down by the Hon'ble Supreme Court in the case of X Vs. State of Rajasthan and Anr. reported in 2024 SCC OnLine SC 3539, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this application is dismissed.

9. The trial Judge is directed to ensure that the trial of the petitioner is concluded expeditiously.

(Sandeep Kumar, J) Vikas/- U