Manoj Kumar Choudhary v. The State Of Bihar Through Economic Offence Unit

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9167 of 2016 Arising Out of PS.Case No. -17 Year- 2014 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ======================================================

1. Manoj Kumar Choudhary S/o Raj Kumar @ Raj Kumar Chaudhary Resident of Village- Fenahra Madhuban, P.S.- Madhuban, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar Through Economic offences Unit, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the EOU : Mr. Akhileshwar Prasad Singh, Sr. Advocate Mr. Rajeev Ranjan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-02-2016 Heard learned counsels for the petitioner and the learned Senior Counsel for the Economic Offences Unit. The petitioner is languishing in custody since 16.03.2014 in a case registered for the offences punishable under sections 414, 420, 467, 468, 471, 472 of the IPC and under section 20(b) (1), 23, 29 of the N.D.P.S. Act.

The prosecution case is that a truck bearing registration No. BR06GA-2089 was intercepted from which the petitioner, Manoj Kumar Choudhary, co-accused Lal Bahadur Thakur and Jai Chandra Jha were apprehended. From the said truck 673 kg. and 900 grams Ganja were recovered along with documents regarding

Patna High Court Cr.Misc. No.9167 of 2016 (2) dt.24-02-2016 2/2 registration of other vehicles. The petitioner and other two accused confessed their guilt and suggested that the Ganja was being transported on the behest of one Ram Vivek Singh and Pramod Paswan who earlier got the alleged truck robbed and prepared forged registration document of the truck in the name of Pramod Paswan.

It is submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent. Statement to that effect has been made in paragraph 3 of the petition, which reads as follows:- "3. That the petitioner has no criminal history and his antecedent is good."

Considering the recovery of commercial quantity of Ganja coupled with the fact that from the statement of accused persons, it appears that under a racket the contraband was being transported, this court is not inclined to enlarge the petitioner on bail. The prayer for bail is rejected in connection with Economic Offences P.S. case No. 17 of 2014.

Let the trial be expedited.

(Dinesh Kumar Singh, J) BKS/- U T