Jagdeo Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9750 of 2016 Arising Out of PS.Case No. -265 Year- 2015 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jagdeo Patel son of Gothaul Patel, resident of Village- Sihpur, P.S.- Sathi, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Aditya Nr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in jail since 27.06.2015 in a case registered for the offences punishable under Sections 20, 22, 23 and 24 of the NDPS Act.

The prosecution case is that the petitioner and one Shyam Babu Patel were intercepted while travelling on motorcycle with two bags from which 27 Kgs. of ganja were recovered.

It is submitted by the learned counsel for the petitioner that the petitioner has no criminal antecedent and the petitioner is languishing in custody since last one year.

Mr. J.N. Thakur, learned counsel for the State, after going through the case diary, submits that the recovery is of commercial quantity.

Patna High Court Cr.Misc. No.9750 of 2016 (4) dt.07-09-2016 2/2 Considering the recovery of commercial quantity and the case being registered under Section 24 NDPS also, in view of the embargo under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected in connection with Shikarpur P.S. Case No. 265 of 2015 pending in the court of learned Sessions Judge, West Champaran at Bettiah.

Let the trial be expedited.

(Dinesh Kumar Singh, J) Amrendra/- U T