Patna High CourtCR. MISC./68847/2024bail rejected

Jaikaran Sahani v. The State Of Bihar

2024-10-01Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68847 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== Jaikaran Sahani Son of Mahgu Sahni @ Mahangu Sahani Resident of Village - Ual Bairiya Ghat Ward No.7, P.S. - Pakri, District - Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-10-2024 Heard Learned Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Muzaffarpur Rail P.S. Case No. 29 of 2024 (arising out of N.D.P.S. Case no.71 of 2024) lodged dated 23.02.2024 under Sections 8, 20(B) IIB of the N.D.P.S. Act.

3. As per the prosecution case, the F.I.R. has been lodged against the petitioner with allegation that the recovery of 10 Kg Ganja and one mobile have alleged to be made from his possession.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner has falsely implicated in this case and nothing

Patna High Court CR. MISC. No.68847 of 2024(2) dt.01-10-2024 2/2 incriminating has been recovered from conscious possession of the petitioner.

5. Learned Counsel further submits that the alleged recovery of ganja has been recovered from the bag of the petitioner, which is less than the commercial quantity.

6. Learned Counsel further submits that the petitioner is in custody since 24.02.2024 having clean antecedent.

7. Learned Counsel for the State opposes the prayer for bail and submits that the said recovery of ganja is less than commercial quantity, but higher than the small quantity.

8. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected, but liberty is hereby granted to the petitioner that he may renew his prayer for bail 9(nine) months after framing of charge, if trial court shall not conclude the trial within the said period.

(Dr. Anshuman, J.) Prakashmani/- U T