Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54444 of 2015 Arising Out of PS.Case No. -145 Year- 2015 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Rajesh Kumar, S/o Suresh Singh, resident of village- Unchi Dih, Police Station- Bidupur, District- Vaishali at Hajipur (Bihar) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Navin Kr. Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-12-2015 Though, this Court has roster for anticipatory bail, but the regular bail applications under the Narcotic Drugs and Psychotropic Substances Act has also been listed under the orders of Hon'ble the Acting Chief Justice. Heard learned counsel for the petitioner and the State.
Petitioner is languishing in custody since 27.07.2015 in a case registered for the offences punishable under Sections 21, 22 of the Narcotic Drugs and Psychotropic Substances Act.
It is alleged that 45 K.gs ganja were recovered from a Bolero vehicle, wherein Sanjay Kumar, Dilip Singh and this petitioner were travelling.
It is submitted by the learned counsel for the petitioner that recovery cannot be treated to be from the possession of the petitioner. Statement has been made in para-
Patna High Court Cr.Misc. No.54444 of 2015 (2) dt.01-12-2015 14 of the petition that petitioner has no criminal antecedent. It is submitted by the learned counsel for the State that the witnesses, particularly the driver of the vehicle suggest that petitioner and others were involved in Narcotics trafficking. Considering the commercial quantity of recovery of ganja, this Court is not inclined to grant regular bail to the above named petitioner in connection with Jandaha Police Station Case No. 145 of 2015, pending in the Court of learned Sessions Judge, Vaishali at Hajipur.
Accordingly, this regular bail application is rejected.
(Dinesh Kumar Singh, J) P.K./- U T