Patna High CourtCR. MISC./1121/2024bail rejected

Jagjeet Singh v. The State Of Bihar

2024-04-18Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1121 of 2024 Arising Out of PS. Case No.-269 Year-2018 Thana- NADI P.S. District- Patna ====================================================== Jagjeet Singh, Male, Aged about 30 years, Son Of Ram Singh, R/O VillageGarde-Ki, P.S.- Kaman, Dist.- Gurudaspur, State- Punjab ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Nadi Thana P.S. Case No. 269 of 2018, Special Case No. 148 of 2018 instituted for the offences punishable under Sections 20, 22, 25 and 29 of the N.D.P.S. Act and Sections 120B/34 of the I.P.C. Act which was earlier twice dismissed by this Court vide order dated 10.09.2020 and 01.09.2021 passed in Cr. Misc. No. 21509 of 2020 and 45413 of 2021 respectively. The petitioner has also moved for bail before the Hon'ble Supreme of Court India through special leave to Appeal (Crl.) No. 1239 of 2021 which was dismissed on 23.02.2021.

Patna High Court CR. MISC. No.1121 of 2024(3) dt.18-04-2024 2/3

3. As per prosecution case, the petitioner was apprehended on the spot with a container Truck and upon search total 562 kg ganja was recovered from the said container Truck bearing registration no. PB08DS 4978 which was driven by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner has no concern with the alleged recovered ganja. Nothing incriminating article has been recovered from his conscious possession. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 27.12.2018.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the F.I.R., impugned order dated 16.05.2019, it appears that total 562 Kg ganja recovered from the Truck bearing Registration No. PB08DS-4978 and petitioner was apprehended on the spot. The recovery of said ganja is much more than commercial quantity. Further, seizure list witnesses have also supported the prosecution case. From perusal of report of the trial court regarding present stage of the case, it also appears that out of six chargesheeted witnesses

Patna High Court CR. MISC. No.1121 of 2024(3) dt.18-04-2024 3/3 charge has already framed and three prosecution witnesses have been examined so, the trial is in progress.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner.

8. Prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) lata/- U T