Avinash Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83178 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Avinash Patel S/O Harish Chandra Rai Resident of Village- Sonbarsa, Ward No. 5, P.S.- Sonbarsa, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2024 Heard Mr. Ashok Kumar Jha, learned counsel for the petitioner and Mr. Ram Bilash Roy, learned APP.

2. The petitioner is in custody in connection with Majorganj P.S. Case No. 57 of 2024 for the offence punishable under sections 20(b)(ii)(c) of the NDPS Act lodged on 01.03.2024 by the informant, Sandeep Kumar.

3. As per the prosecution story, the informant alleged that it intercepted a black colour Scorpio coming from Nepal and upon search, there is recovery of 425 kg 'ganja', which led to the FIR and the petitioner who was driving the car was arrested.

4. It is the case of the petitioner that he does not own the vehicle and had no knowledge about the presence of 'ganja'.

5. On the other hand, learned APP submits that it is 8

Patna High Court CR. MISC. No.83178 of 2024(2) dt.09-12-2024 2/2 times bigger than the commercial quantity of 20 kg.

6. Taking into account the aforesaid facts, no case of bail is made out, in that background, the bail petition stands rejected.

7. The Trial Court, in view of the fact that the petitioner is in custody, is requested to look into the matter so that the trial could come on track.

(Rajiv Roy, J) Vijay Singh/- U T