Rahul Kumar Mahato @ Rahul Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.847 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- D.R.I District- Patna ====================================================== Rahul Kumar Mahato @ Rahul Kumar Mahto Son Of Birendra Mahato @ Virendra Mahto R/O Ward No.4, Village- Sahuri, P.S.- Birpur, DistrictBegusarai ... Petitioner
Versus
1.
The State of Bihar 2.
Director of Revenue Intelligence, Regional Unit, Patna Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :Ms/Mrs. Rina Sinha, Advocate For the State :Mr.Satyendra Nr. Singh, Addl Public Prosecutor For Directorate of Revenue Intelligence, UOI. Mr. Ranvir Kumar, Sr. Standing Counsel, ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner, the State and opposite party no.2.
2. Petitioner seeks regular bail in connection with Spl. (N.D.P.S) Case No. 146/2023 arising out of DRI/LZU/PRU/718 (ii) ENQ- 02/2023 dated 23-01-2023, DRI Unit Case No. 25/2022- 23 instituted for offences punishable under sections 20 (b) (ii) (c) and 25 & 29 of N.D.P.S Act.
3. As per the prosecution case, 248.94 kilograms Ganja was recovered from the truck of which petitioner was the driver.
4. Learned counsel appearing for the petitioner submits that the petitioner was merely driver of the truck operating the same on the instruction of its owner and he was not aware of the nature of consignment kept in the truck. Petitioner claims clean antecedent. He is in custody since 23.1.2023.
5. Learned counsel for the Directorate of Revenue Intelligence opposes the prayer for bail. He submits that the petitioner cannot escape responsibility because huge quantity of
Patna High Court CR. MISC. No.847 of 2024(4) dt.26-04-2024 2/2 contraband has been recovered from the truck which was being driven by the petitioner.
6. Considering the nature and gravity of allegation, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T