Ram Prakash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73612 of 2023 Arising Out of PS. Case No.-149 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Ram Prakash Yadav, Sex-M, Age about 48 years, son of Late Sukhdev Yadav Village- Vishanpur Ps- Laukaha Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is in custody in connection with Laukaha P.S. Case No. 149 of 2023 from the Court of learned Special Judge-NDPS Act-cum-Sessions Judge, Madhubani registered for an offence punishable under Sections 8/20(b)(ii)(c ) of the NDPS Act.
As per prosecution case, it is a case of recovery of 48 K.G. ganja was recovered from the possession of the petitioner. Learned counsel for the petitioners submits that petitioner has falsely been implicated in this case due to ulterior motive. Petitioner is in custody since 11.06.2023.
Patna High Court CR. MISC. No.73612 of 2023(4) dt.17-02-2024 2/2 However, learned APP for the State opposes the prayer for regular bail of the petitioners.
On perusal of the first information report, seizure list, impugned order dated 13.09.2023 passed by Sessions Judge, Madhubani, it appears that total 48 K.G. ganja was recovered from the conscious possession of the petitioner and there is no explanation from the petitioner regarding the recovery of ganja, so I am not inclined to grant bail to the petitioner. Prayer for regular bail of the petitioner is hereby rejected. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T