Patna High CourtCR. MISC./61502/2022rejected

Akash Kumar v. The State Of Bihar

2023-08-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61502 of 2022 Arising Out of PS. Case No.-176 Year-2022 Thana- AMBA District- Aurangabad ====================================================== AKASH KUMAR SON OF RAJU SAW R/O VILLAGE AND P.S.- HARIHARGANJ, DISTRICT- PALAMU, JHARKHAND ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikas Kumar Jha For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 8/20(b)(ii)(c) and 25 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 28.5 Kg Ganja like substance from a motorcycle.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the procedure to identify the goods was very surprising, which is only one packet were identified by the Circle Officer and SHO (informant) and it was presumed by the officers that all the packets were also filled by Ganja. The provision of Section 50 of the NDPS Act has not

Patna High Court CR. MISC. No.61502 of 2022(7) dt.01-08-2023 2/2 followed in this case, while preparing the seizure list. Petitioner is languishing in judicial custody since 28.07.2022.

5. Learned APP for the State has opposed the application for bail and submitted that petitioner has apprehended on spot. He submitted that all the procedures of the N.D.P.S. Act have been followed in respect of seized articles, which is mentioned in vide paras- 29, 30, 36 and 37 of the case diary. He further submitted that the seized Ganja like substance come within the purview of commercial quantity. During investigation several witnesses have also supported the prosecution case.

6. 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.

7. The trial Court is directed to conclude the trial expeditiously.

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