Patna High CourtCR. MISC./64191/2023rejected

Akhilesh Kumar Gupta v. The State Of Bihar

2024-01-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64191 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- BHITAHA District- West Champaran ====================================================== Akhilesh Kumar Gupta Son Of Anil Gupta Village- Rupahi Tand, Ps- Bhitaha, Dist- West Champaran (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Sharma For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 8, 20(b)(ii)(c) of the N.D.P.S. Act. There is recovery of 50.50 Kgs of Ganja.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized contraband. The house in question from where recovery

Patna High Court CR. MISC. No.64191 of 2023(4) dt.22-01-2024 2/2 was made, does not belong to the petitioner. The petitioner is languishing in custody since 19.02.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that there is recovery of huge quantity of Ganja and the petitioner was apprehended from the spot.

Considering the facts aforesaid, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected. The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T