Dinanath Ray v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33975 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Dinanath Ray, Son of Late Satynarayan Ray, Resident of Village - Tira Jatmalpur, P.S.-Kalyanpur, District-Samastipur. .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar -1, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kalyanpur P.S. Case No. 34 of 2017 registered under Sections 8, 20(b)(II)(B), 22, 25 and 29 of the N.D.P.S. Act.

The petitioner is said to have loaded 4 Kg of ganja in his auto after unloading from a truck and the said ganja was recovered from his auto by the police.

It is submitted by learned counsel for the petitioner that the petitioner happens to be mere driver of the said auto. He has no concern with the seized ganja. The recovered ganja is much less than the commercial quantity. He has no criminal antecedent. He has been languishing in custody since 16.03.2017. Considering the recovery of aforesaid quantity of

Patna High Court Cr.Misc. No.33975 of 2017 (2) dt.20-07-2017 2/2 contraband from the possession of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer for bail of the petitioner is rejected.

Learned lower court is directed to dispose of the case as expeditiously as possible within six months from the date of receipt or production of a copy of this order. (Prakash Chandra Jaiswal, J) Mishra/- U T