Patna High CourtCR. MISC./71831/2024bail rejected

Deepak Kumar Patel v. The State Of Bihar

2024-10-03Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71831 of 2024 Arising Out of PS. Case No.-171 Year-2024 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== Deepak Kumar Patel Son of Brajnandan Kumar Resident of Village- Parsa, Ward No. 8 P.S.- Bagaha, District- West Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajnish Ranjan, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-10-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Rail Muzaffarpur P.S. Case No. 171 of 2024 dated 18.06.2024, lodged under Sections 8, 20(b)(ii)(b) of the NDPS Act pending before the Court of Sessions Judge-cum-Special Judge, Muzaffarpur.

3. As per the prosecution, FIR has been lodged against 2 named accused persons. Total 10.400 kg of ganja has been recovered which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious

Patna High Court CR. MISC. No.71831 of 2024(2) dt.03-10-2024 2/2 possession of the petitioner. Counsel further submits that petitioner was arrested on suspicion only. Counsel submits that the criminal antecedent of the petitioner is clean and he is in custody since 19.06.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the alleged recovered ganja is less than the commercial quantity but more than the small quantity.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected with liberty to the petitioner that he may renew his prayer for bail after framing of charge.

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