Vijay Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51839 of 2018 Arising Out of PS.Case No. -1 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ====================================================== Vijay Das, Son of Ramesh Das, Resident of Village+Post Office- Parwara, Police Station- Hathuri, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Union of India, through Intelligence Officer, Narcotics, Central Berau Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi, Adv. For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh, APP For the Union of India (NCB):Mr. Ram Anurag Singh, CGC. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State as also the learned counsel representing the Union of India.

The petitioner, in the present case, is seeking regular bail in connection with N.C.B. Crime No. 01 of 2018 registered for offences alleged under Sections 8/20, 25, 27A and 29 of the N.D.P.S. Act.

Learned counsel for the petitioner submits that as per allegations, this petitioner was sitting in the Scorpio Vehicle which was intercepted and on search 155 K.G. of Ganja kept in 43 packets were recovered. Learned counsel submits that this

Patna High Court Cr.Misc. No.51839 of 2018 (2) dt.20-09-2018 petitioner has got no criminal antecedent.

On the other hand, learned counsel representing the Union of India submits that considering the huge quantity of Ganja which was being carried in the Scorpio and the petitioner was one among three accused persons sitting in the Scorpio and was in conscious possession of the same, the privilege of bail should not be extended to this petitioner.

Considering the facts and circumstances of the case, wherein the quantity of Ganja is much more than the commercial quantity, this Court is not willing to grant regular bail to the petitioner.

The prayer for bail is rejected.

Let the trial be expedited pending in the Court of learned Sessions Judge, Samastipur, in connection with N.C.B. Crime No. 01 of 2018. It is expected that the trial will be concluded within a reasonable period and the parties shall cooperate in the conclusion of the trial.

(Rajeev Ranjan Prasad, J) R.R.Ojha.

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