Lal Babu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63108 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Lal Babu Mahto S/O Sudama Mahto R/V- Bhatwalia, P.S.- Sangrampur, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Zonal Director, Nrcotic Control Bureau, Bihar, Patna Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Pandey For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel on behalf of the NCB. The petitioner has prayed for bail in connection with Chauradano(Mahuwa) P.S. Case No. 11 of 2022 instituted for the offence under Sections 20(b)(ii)(c) and 23(c) of the NDPS Act.

Prosecution case relates to recovery of 160 kg of ganja like intoxicating substance from the land which were inside the packets and some other packets from the field as well. It is further alleged that this petitioner along with other coaccused person was arrested on spot by the police. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. It

Patna High Court CR. MISC. No.63108 of 2022(6) dt.02-08-2023 2/2 is further submitted that nothing has been recovered from the conscious possession of the petitioner. It is also submitted that there is no specification with respect to the exact quantity of recovered material which was recovered from the possession of the petitioner. Moreover, he is languishing in custody since 13.01.2022.

Learned APP appearing for the state and learned counsel on behalf of the NCB have opposed the prayer of regular bail and submitted that petitioner was arrested on the place of occurrence by the police with the seized ganja like substance of total 160 kg which is more than commercial quantity.

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

The trial court is directed to expedite the trial and conclude the same as soon as possible.

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