Nandlal Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18774 of 2016 Arising Out of PS.Case No. -14 Year- 2015 Thana -EAST CHAMPARAN GRP CASE DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nandlal Bhagat S/o Sheo Ratan Bhagat Resident of village - Musharwa, P.S. Palanwa, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. B.N.Pandey(App) For the Union of India : Mr. Manoj Kr. Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-04-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 11.12.2015 in a case registered for the offences punishable under Sections 20(b)(ii)(c ), 21(c ), 22,23 and 24 of the NDPS Act. From the bag of the petitioner at Raxaul railway station 2.5 kilograms of Charas was recovered.

It is submitted by the learned counsel for the petitioner that the provisions of section 50 of the NDPS Act were not followed. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Learned counsel for the Union of India submits that the recovery is of commercial quantity.

Patna High Court Cr.Misc. No.18774 of 2016 (2) dt.29-04-2016 2/2 Considering the quantity of recovery, this court is not inclined to grant bail to the petitioner in connection with Raxaul Rail P.S. Case No. 14 of 2015 pending in the court of learned Sessions Judge cum Special Judge, East Champaran, Motihari. This application is, accordingly, dismissed. However, let the trial be expedited.

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