Mishri Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1655 of 2023 Arising Out of PS. Case No.-216 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Mishri Rai Son Of Late Ramgati Rai Resident Of Village - Mile Pakari, P.S.- Bidupur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner, learned counsel for the N.C.B. and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20(b) (ii) (c) 23(c), 27(b), 29 of the NDPS Act.

As per FIR, the petitioner was apprehended on the spot and upon search total 32.700 kg ganja was recovered from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery and he has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since

Patna High Court CR. MISC. No.1655 of 2023(5) dt.24-08-2023 2/2 08.05.2022.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the recovery of ganja from the house of the petitioner is alleged to be 32.700 kg which is much more than commercial quantity as per N.D.P.S. Act. The petitioner was apprehended on spot along with the alleged ganja like substance.

Having heard the learned counsel for the parties and considering the fact and gravity of the offence, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkumar/- U T