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Patna High CourtCR. MISC./73373/2023dismissed

Dinesh Yadav v. The State Of Bihar

2024-02-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73373 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== Dinesh Yadav, Son Of Bhuneshwar Yadav @ Bhumi Yadav@ Bhubaneshwar Yadav, Village- Khorabatar Ward No. 2 P. S.- Mahishi, District -SAHARSA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with N.D.P.S.- 08 of 2023 arising out of Raghopur P.S. Case No. 55 of 2023 for the offence registered under Sections 8, 20 (b), (ii), (c), 25, 29 of the N.D.P.S. Act.

3. As per the prosecution case, the police intercepted a car in which three persons were sitting. The petitioner along with the other co-accused Ranjit Kumar Yadav were apprehended on the spot. On search, 104 kilogram of ganja was recovered and on the statement of the co-accused further 142 kilogram ganja was also recovered from the house of coaccused.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.73373 of 2023(3) dt.08-02-2024 2/2 petitioner submits that petitioner is innocent and has been falsely implicated in this case. Petitioner was not arrested on spot but his name has been implicated in this case. The petitioner has one criminal antecedent in which he is on bail. Petitioner is in custody since 09.02.2023.

5. Learned APP appearing for the State has opposed the prayer of bail of the petitioner and submits that the seized ganja is the category of commercial quantity.

6. Having heard learned counsel for the parties and also considering the huge quantity of recovered ganja, this Court is not inclined to grant the privilege of regular bail to the petitioner and, as such, his prayer for bail is rejected. (Sunil Dutta Mishra, J) khushbu/- U