Dharmendra Roy @ Dharmendra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9976 of 2018 Arising Out of PS.Case No. -12 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictVAISHALI(HAJIPUR) ======================================================

1. Dharmendra Roy @ Dharmendra Kumar Son of Neti Lal Roy, Resident of Village- Dharampur Dakhily, P.S. Tajpur, District- Samastipur (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Union of India.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandeep Sahi, Advocate Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Smt. Madhuri Lata, APP For the NCB : Mr. Rakesh Kumar Sinha, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the Union of India.

The petitioner is in custody in connection with Case No.C2-A-12/17, a case under Sections 8/20/29 of the N.D.P.S. Act, pending in the Court of learned Sessions Judge, Vaishali at Hajipur.

588 Kgs of Ganja was recovered from the vehicle of which the petitioner was a driver. Petitioner is in custody since 20.07.2017.

Submission is that investigation of the case is

Patna High Court Cr.Misc. No.9976 of 2018 (3) dt.03-04-2018 P2/ complete. Petitioner has stated on oath that he has got no criminal antecedent. Learned counsel for the petitioner submits that no evidence has been brought on the record that the petitioner had knowledge about what was being carried.

Learned counsel for the Union of India opposed the prayer for bail on the ground that even the vehicle on which the seized narcotics was being carried was having a tampered registration number just to skin the identity. He further submits that the petitioner had admitted his guilt and on his disclosure more Ganja hidden in the same vehicle was recovered. Considering the entire facts aforesaid, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial. (Birendra Kumar, J) Mkr./- U T