Rajendra Bhuiya @ Rajendra Bhuiyan v. The Union Of India, Through The Superintendent Of Narcotic Control Bureau, Patna And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13039 of 2019 Arising Out of PS. Case No.-12 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Rajendra Bhuiya @ Rajendra Bhuiyan S/o Kuleshwar Manjhi Resident of Village- Piprahi, P.S.- Barachatti, District- Gaya (Bihar). ... ... Petitioner/s

Versus

1.

The Union Of India, Through The Superintendent Of Narcotic Control Bureau, Patna 2.

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

For the Petitioner :

Mr.Arvind Kumar Singh, Advocate For the State :

Mr.Shyameshwar Dayal, APP For Union of India :

Mrs. Shail Kumari, Advocate ====================================================== 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 N.C.B. case No.12 of 2018 registered under Sections 8, 18, 29 of N.D.P.S. Act, pending in the court of Sri S. Singh, Sessions Judge-cumSpecial Judge, (N.C.B.), Gaya. Allegation is that 5.500 kg opium is recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.03.2018 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 5.500 kg opium is

Patna High Court CR. MISC. No.13039 of 2019(3) dt.15-04-2019 2/2 recovered. 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./complaint case. The quantity of opium 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 petitioners. 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