Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8128 of 2019 Arising Out of PS. Case No.-32 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== Sunny Kumar Janardan Ray resident of Naya Tola Sarwarpur P.S.- Athmal Gola, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 8 and 20 of N.D.P.S. Act.

Allegation is that 94.400 kg ganja is recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.08.2018 and have got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 94.400 kg ganja is recovered from the vehicle. He is the khalasi of the vehicle. There is no compliance of Sections 42 and 50 of N.D.P.S. Act. On behalf of the State, it is submitted that the

Patna High Court CR. MISC. No.8128 of 2019(3) dt.15-04-2019 2/2 petitioner is named in the F.I.R. The quantity of ganja is above the commercial quantity. In the light of Section 37 of N.D.P.S. Act, the petitioner is not entitled for bail. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T