Patna High CourtCR. MISC./80723/2024bail rejected

Jai Ram v. The State Of Bihar

2024-12-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80723 of 2024 Arising Out of PS. Case No.-47 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Jai Ram Son of Bundela Ram Resident of Village-Maksudpur, P.S.- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshul, Advocate Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise (N.D.P.S.) Case no. 47 of 2021 registered under sections 8, 20(b)(ii)(c) of the N.D.P.S. Act.

3. As per the prosecution case, 500 kgs of ganja was recovered from a truck and the petitioner who was the driver of the said truck was taken into custody at the time of recovery of the said ganja.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. He is a professional driver who was handed over a loaded truck. He did not know the contents of the goods loaded. It is further

Patna High Court CR. MISC. No.80723 of 2024(3) dt.20-12-2024 2/2 submitted that the owner of the truck has been enlarged on bail vide order dated 17.5.2024 passed in Cr. Misc. no.37308 of 2024. Referring to the said order, learned counsel submits that charge has been framed in the learned trial Court. The petitioner is in custody since 3.6.2021 and undertakes to cooperate in the case. Referring to Annexure-3 it is submitted that the petitioner is ill and suffering from H.I.V.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation of recovery of 500 kgs of ganja from the truck which was being driven by this petitioner and the petitioner having been arrested on the spot at the time of seizure of the ganja together with the trial having commenced in the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. (Partha Sarthy, J) avinash/- U T