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2025 DAILYLAW 98818 (PAT)

Rajendra Yadav v. The State of Bihar

CR. MISC./89537/2024 · 2025-05-05

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89537 of 2024 Arising Out of PS. Case No.-324 Year-2024 Thana- DESARI District- Vaishali ====================================================== Rajendra Yadav S/O Late Satram Yadav @ Sant Ram Yadav Village- Samseriya P.S.- Musafir District- Amethi Uttar Pradesh ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Singh, Advocate For the Opposite Party/s : Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 5 05-05-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary. 2. The petitioner seeks bail in connection with Desari (Chandpura O.P.) P.S. Case No. 324 2024, instituted for the offences punishable under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023, read with Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 3. The prosecution case, in short, is that, the police has recovered total 6000 Kg. powdered hemp (bhaang) from the truck bearing Registration No. UP44BT7779. The petitioner was apprehended on spot. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for Patna High Court CR. MISC. No.89537 of 2024(5) dt.05-05-2025 2/2 the petitioner also submits that the petitioner is not the owner of the truck in question, rather he is driver of that truck and has got no knowledge regarding the nature goods being loaded in the vehicle. It is further submitted that the petitioner has got no concern with the alleged recovery of powedered hemp (bhaang) and with other co-accused persons. The petitioner is in custody since 20.09.2024 and has got no criminal antecedent. 5. On the other hand, learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and has submitted that the petitioner is involved in the illegal trade of powedered hemp (bhaang) and the same is recovered in huge quantity. Hence, the petitioner does not deserve the privilege of bail. 6. Considering the aforesaid facts and circumstances of the case, nature of accusation as well as huge quantity of recovery of powdered hemp, this Court is not inclined to grant bail to the petitioner. 7. The prayer is rejected. The trial Court is directed to expedite the Trial. Rajorshi/- (Rudra Prakash Mishra, J) U T