Shakti Kumar @ Shakti Yadav v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 3009 of 2019 Arising Out of PS. Case No.-183 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Shakti Kumar @ Shakti Yadav Lathu Yadav, Resident of Village- Joshab Ganj, Ps.- Kodha, District- Katihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Union of India, Through Director Revenue Intelligance, Directorate, Bihar, Patna. Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Vindhya Keshri Singh, Sr. Advocate Mr. Birendra Kumar Singh, Advocate For the State :

Mr. Akbar Ali, APP For Union of India :

Mr. Rakesh Kumar Sinha, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Chanpatia P.S. case No.183 of 2018 registered under Sections 20,22, 23, 24, 27 of N.D.P.S. Act pending in the court of Sessions Judge, West Champaran at Bettiah.

Allegation is that 1.900 kg of charas has been recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.05.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court CR. MISC. No. 3009 of 2019(8) dt.16-07-2019 2/2 falsely been implicated in the present case. 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. There is recovery of 1.900 kg of charas. Same is beyond 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 nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T