Lav Kush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70785 of 2018 Arising Out of PS. Case No.-71 Year-2018 Thana- JANKINAGAR District- Purnia ====================================================== Lav Kush Kumar S/o Birendra Singh, R/o Village- Puraini, P.S.- Puraini, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 4 of 2018/ CIS No. 4 of 2018 arising out of Janki Nagar P.S. Case No. 71 of 2018 for the offence punishable under Sections 8 and 20(b) of the N.D.P.S. Act The case of the prosecution in brief is that the Police upon receipt of secret information regarding transportation of contraband Ganja by a Tata Sumo vehicle, intercepted the said vehicle and upon search, one quntial and 30 kg. Ganja was recovered from the said vehicle, and the petitioner who was sitting in the said vehicle, was arrested from the spot. The learned counsel for the petitioner has submitted that the petitioner is innocent and he had only taken lift in the

Patna High Court Cr.Misc. No.70785 of 2018(4) dt.11-01-2019 2/2 said vehicle and was unaware about the contraband Ganja loaded in the said vehicle. The petitioner is stated to be languishing in custody since 16.05.2018.

I have heard the learned counsel for the petitioner and perused the materials on record and I find that huge quantity of Ganja has been recovered from the vehicle in question in which the petitioner was also travelling. Nonetheless, as per Section 37 of the N.D.P.S. Act, 1985, no person/accused can be released on bail unless the Court is satisfied that there are reasonable grounds for believing that such person is not guilty of such offence and that he is not likely to commit any offence while on bail. At this stage, there is no material on record to record such a finding as required under Section 37 (1) (b) of the Act, 1985, hence, I do not find any merit in the present petition. Accordingly, the prayer of the petitioner for grant of regular bail is rejected.

(Mohit Kumar Shah, J) S.Sb/- U T