Kundan Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67242 of 2024 Arising Out of PS. Case No.-86 Year-2024 Thana- TARABARI District- Araria ====================================================== Kundan Kumar Thakur S/o Late Taranand Thakur R/o vill - Dabhara, ward no. 1, P.S. - Tarabari, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Tarabari P.S. Case No. 86/2024 dated 11.07.2024 registered for the offence punishable u/ss 20(b) (ii)(C) of the N.D.P.S. Act.

3. As per the prosecution case, total 32.585 Kgs. ganja was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. Learned counsel has further submitted that the petitioner is a student who has been studying in

Patna High Court CR. MISC. No.67242 of 2024(3) dt.17-12-2024 2/3 Purnia. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. It is further submitted that the recovery has been made from the house of the petitioner and he was arrested on the spot. It is further submitted that the seized contraband is commercial quantity i.e., 32.585 Kgs. ganja. Learned counsel has further submitted that the petitioner had no valid authorization for keeping the said ganja. As per Section 37 of the N.D.P.S. Act, the two conditions are that the Court should be satisfied with :- (i) There are reasonable grounds for believing that the accused is not guilty of such offence; and (ii) He is not likely to commit any offence while on bail. If either of these two conditions is not satisfied, the bar operates and the accused cannot be released on bail.

The Court is of the opinion that the parameters of bail available under Section 37 of the Act have not satisfied in the facts of the instant case. The Hon'ble Supreme Court in the case of Narcotics Control Bureau v.

Patna High Court CR. MISC. No.67242 of 2024(3) dt.17-12-2024 3/3 are by themselves not considerations that can be treated as persuasive grounds for granting relief to the respondent under Section 37 of the N.D.P.S. Act."

6. Considering the aforesaid facts and circumstances of the case as well as the finding substance in the contention of learned counsel for the State and the recovery of commercial quantity from the conscious possession of the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Tarabari P.S. Case No. 86 of 2024 pending in the court of learned District and Sessions Judge-cumSpecial Judge, N.D.P.S. Act, Araria.

7. This application stands rejected.

(Chandra Prakash Singh, J) Gautam/- U T