Birbahadur Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7109 of 2019 Arising Out of PS. Case No.-31 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Bhagalpur ====================================================== Birbahadur Rai S/o Badlu Rai R/o Village- Didarganj Ward No.- 72, P.S.- Didarganj, District - Patna ... ... Petitioner/s

Versus

1.

State of Bihar Bihar 2.

Union of India through N.C.B. Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Dhirendra Kumar Sinha, Advocate For the State :

Mr.Uma Shankar Prasad Singh, APP For Union of India :

Mrs. Shail Kumari, C.G.C.

====================================================== 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 20, 25, 29 of N.D.P.S. Act.

The allegation is that 226 kg ganja is recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.7.2018 and has 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 226 kg ganja is recovered from the car. The petitioner is the driver of the car in question. There is no recovery from the conscious possession of the

Patna High Court CR. MISC. No.7109 of 2019(5) dt.15-04-2019 2/2 petitioner. 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 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