Patna High CourtCR. MISC./81371/2023dismissed

Ranjay Kumar @ Ranjay Rai v. The State Of Bihar

2024-01-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81371 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Ranjay Kumar @ Ranjay Rai S/O Late Ram Babu Rai Village- Champapur, P.S. Bakhtiyarpur, Dist. 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 :

Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2024 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, 62 Kgs. Ganja was recovered in a room at the roof of the house of petitioner from where he was arrested. He also confessed his involvement in smuggling of Ganja.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and the recovery has been made from joint house of petitioner and his brother and uncle. He is in jail custody since 01.05.2023

Patna High Court CR. MISC. No.81371 of 2023(2) dt.08-01-2024 2/2 having no criminal antecedent.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner and submits that the recovered Ganja comes under the category of commercial quantity.

6. Considering the fact and circumstances of the case and submissions made on behalf of the parties and recovery of commercial quantity of Ganja, 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