Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21000 of 2015 Arising Out of PS.Case No. -439 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Raj Kumar Son of Gopal Sah, Resident of Village - Rampurwa, P.S. - Mainatand, District - West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr. Braj Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-08-2015 Heard both sides.

The petitioner seeks bail in connection with N.D.P.S. Case No. 83 of 2014 arising out of Sugauli P.S. Case No. 439 of 2014 registered for the offences punishable under Sections 20, 22, 23, 24 of N.D.P.S. Act.

The petitioner was apprehended by the S.S.B. and from whose possession 2 kg. 300 gms. charas was recovered. It is submitted that search and seizure is made in contravention of Sections 42, 50 and 52 of N.D.P.S. Act. Petitioner has got no criminal antecedent but it appears that commercial quantity of charas is recovered from a polythene kept by the petitioner. Hence, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

Patna High Court Cr.Misc. No.21000 of 2015 (3) dt.24-08-2015 2/2 The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt of this order. If the trial is not concluded within the stipulated time without the fault of the petitioner, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J) SHAHZAD/- U T