Munna Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37499 of 2018 Arising Out of P.S.Case No. -12 Year- 2016 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== Munna Yadav, S/o Late Nemi Singh, R/v- Dhan Pokhar, P.S.- Piro, Distt.- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Economic Offence Unit, Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Economic Offence Unit : Mr. Vishwanath Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner as well as learned counsel for the Economic Offence Unit. The petitioner is in custody in connection with Special Case No.67 of 2016 arising out of Economic Offence P.S.Case No.12 of 2016 pending in the Court of Additional Sessions JudgeIII, Patna registered for an offence under Sections 420, 467, 468 and 471 of the IPC and Sections 8/20(b)(ii)(c), 25/29 of the NDPS Act.
As per FIR, the informant on a tip off constituted a raiding party and proceeded towards the destination. It is stated that in the early morning at about 5 A.M., the police party intercepted the Bolero vehicle and seized 182 K.G. ganja in 14
Patna High Court Cr.Misc. No.37499 of 2018 (3) dt.23-07-2018 2/2 packets kept in a secret chamber created beneath the rear seat. The petitioner and driver were apprehended.
It has been submitted that the petitioner is a businessman and he had taken lift for going to Bhojpur. The informant without applying the mandatory provision of law has prepared seizure memo without any material against him. The petitioner has clean antecedent and so petitioner deserves to be enlarged on bail.
The learned counsel for the Economic Offence Unit has opposed the bail.
On perusal of the FIR, it appears that this petitioner has been described as a co-driver of the said vehicle. The petitioner and co-accused in their confession have stated that the ganja was carried by them from Orissa. In course of investigation, it has come that the mobile recovered from the possession of the petitioner was in the tower location of Orissa where he had loaded ganja.
Considering the huge quantity of ganja recovered from the possession of the petitioner, I am not inclined to release the petitioner on bail. Prayer for bail is rejected. (Sanjay Kumar, J) B.Kr./- U T