Patna High CourtCR. MISC./63613/2023rejected

Ram Sijor Yadav v. The State Of Bihar

2024-01-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63613 of 2023 Arising Out of PS. Case No.-529 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== RAM SIJOR YADAV S/O LATE RAM NIRANJAN YADAV R/O VILLAGE AND P.S- MACHHALI SHAHAR, DISTT.- JAUNPUR (U.P) AT PRESENT VILLAGE- RAMPUR MAJAN, P.S- NANADGUNJ, DISTT.- GAZIPUR (U.P).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner, and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8, 20(b) (ii)(c), of the NDPS Act.

As per FIR, the petitioner was apprehended on the spot along with a truck and upon search total 40 kg ganja was recovered from the alleged vehicle.

Learned counsel for the petitioner submit that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery and the vehicle in question

Patna High Court CR. MISC. No.63613 of 2023(3) dt.16-01-2024 2/2 does not belong to him. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 13.07.2023.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the recovery of ganja from the truck is alleged to be 40 kg which is much more than commercial quantity as per N.D.P.S. Act. The petitioner was also apprehended on spot with the alleged ganja like substance. The FSL Report has also corroborated the prosecution version.

Having heard the learned counsel for the parties and considering the fact and gravity of the offence, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Hence, the trial Court is directed to expedite the trial as soon as possible.

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