Patna High CourtCR. MISC./81257/2023dismissed

Bishun Kumar @ Bishnu Kumar v. The State Of Bihar

2024-06-21Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81257 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Bishun Kumar @ Bishnu Kumar S/O Late Ram Babu Rai R/O VillageChampapur, P.S- Bakhtiyarpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bakhtiyarpur P.S. Case No. 174 of 2023 for the offences registered under Sections 20(b)(ii)(C)/25/29 of the N.D.P.S. Act.

3. As per the prosecution case, there is recovery of 62 kg Ganja from a room at the roof of the house of petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Recovery of Ganja is made from the joint house of the petitioner and his brothers. He further submits that petitioner is in jail custody since 01.05.2023 having no criminal antecedent. Petitioner undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State

Patna High Court CR. MISC. No.81257 of 2023(4) dt.21-06-2024 2/2 opposes the prayer for grant of bail to the petitioner and submits that recovery of Ganja is of commercial quantity and petitioner is not entitled for bail.

6. Learned trial court has submitted report stating therein that case is pending at the stage of prosecution evidence. One year time is expected to conclude the trial of the case.

7. Having heard the learned counsels for the parties and considering the quantity of Ganja which comes under the commercial quantity under NDPS Act and the report of the trial court, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of petitioner is rejected in connection with Bakhtiyarpur P.S. Case No. 174 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T