Sonu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83463 of 2019 Arising Out of PS. Case No.-169 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== Sonu Kumar Singh Son of Kashinath Singh Resident of Village - Rajapur, P.S.- Koelwar, District - Bhojpur At Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition for grant of regular filed at the behest of the petitioner, in connection with Sheosagar P.S. Case No. 169 of 2018 for the offences under Sections 8/20(B) (ii) ( C) / 25/29 of the N.D.P.S. Act, 1985, is a second attempt of the petitioner inasmuch as his prayer for bail had stood rejected earlier by an order dated 20.02.2019 passed by a co-ordinate Bench of this Court in Cr. Misc. No. 10141 of 2019. In the written report, it is alleged that police intercepted Qualis vehicle on which two male and two female persons were found setting. The police made search of the aforesaid vehicle and total 84 Kg. 500 grams ganja was recovered from the said vehicle, wrapped in plastic paper kept

Patna High Court CR. MISC. No.83463 of 2019(2) dt.16-12-2019 2/2 in concealed position under the middle seat, back seat and also ceiling of the vehicle. On demand, they did not produce any valid paper with regard to recovered ganja. The petitioner is alleged to be driver of the aforesaid vehicle. The learned counsel for the petitioner has submitted that the petitioner is innocent and is languishing in custody since 21.05.2018, hence he should be enlarged on bail since the trial is not likely to be concluded in the near future.

Considering the fact that huge quantity of ganja, which is commercial quantity, as per the schedule to NDPS Act, 1985, has been recovered, as also taking into account the stringent provisions contained in Section 37 of the NDPS Act, 1985 and further considering the fact that there has been no change in the circumstances from the day the prayer of the petitioner for grant of regular bail was earlier rejected by an order dated 20.02.2019, till date, I do not find any reason to reconsider the prayer of the petitioner for grant of regular bail, hence the same stands dismissed.

(Mohit Kumar Shah, J) Tiwary/- U T