Patna High CourtCR. MISC./6757/2019dismissed

Sidhnath Paswan v. The State Of Bihar

2019-07-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6757 of 2019 Arising Out of PS. Case No.-54 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Sidhnath Paswan Son of Subhash Paswan, resident of Village Vamapali, presently residing at Milki Kothi (Masarh), P.S.- Udwantnagar, DistrictBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Mojibur Rahman For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 18 & 20(b) of the N.D.P.S. Act.

Allegedly, 68 kg Ganja kept in 45 packets under the seat of the car was recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 08-02-2018. Prosecution report has already been submitted. The petitioner has remained in custody for more than a year. There is no compliance of Sections 42 & 50 of the NDPS Act.

Patna High Court CR. MISC. No.6757 of 2019(5) dt.17-07-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. 68 Kg. Ganja is alleged to have been recovered from the vehicle in question. The petitioner is said to be driver of the vehicle in question. The amount of recovered Ganja is more than commercial quantity. Hence, in the light of Section 37 of NDPS Act, the petitioner is not entitled for bail.

Accordingly, prayer for bail of the petitioner in connection with Excise Case No. 54 of 2018 is rejected. Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner, preferably, within a period of 6 months from the date of receipt/production of copy of the order.

(Sudhir Singh, J) A.K.V.//- U T