Moti Rawani @ Moti Khani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62287 of 2025 Arising Out of PS. Case No.-229 Year-2024 Thana- PIRO District- Bhojpur ====================================================== Moti Rawani @ Moti Khani Son of Late Hari Shankar Ram Resident of village - Belaur, P.S.- Udwant Nagar, District - Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with NDPS Case No. 50 of 2024 arising out of Piro (Hasan Bazar) osm 229 of 2024 instituted for the offences under Sections 20(b)(ii)(c), 29 of the N.D.P.S. Act.
3. Earlier vide order dated 16.12.2024 passed in Cr. Misc. No. 84534 of 2024, the prayer for grant of bail to the petitioner was rejected.
4. Prosecution case, in short, is that there is a recovery of 40.38 kg ganja from the possession of the petitioner along with other co-accused persons.
5. Learned counsel for the petitioner mainly submitted that the petitioner has been languishing in jail since 09.06.2024. Learned counsel further submitted that total 40.380 kg of ganja
Patna High Court CR. MISC. No.62287 of 2025(2) dt.30-08-2025 2/2 has been recovered under the seat of the bus and not from the conscious possession and therefore, the same cannot be attributed to be recovered from the possession of the petitioner. Learned counsel further submitted that petitioner has been languishing in jail for the last one year and therefore, petitioner may be released on bail. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that there is recovery of contraband above the commercial quantity as per NDPS Act, and therefore, the petitioner does not deserve to be released on bail.
7. Having considered the submissions made on behalf of the parties, this Court finds no fresh ground to reconsider the matter which has already been decided on merit by this Court, this Court is not inclined to grant bail to the petitioner.
9. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.
(Rudra Prakash Mishra, J) Alok Verma/- U T