Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5589 of 2019 Arising Out of PS. Case No.-170 Year-2018 Thana- SULTANGANJ District- Patna ====================================================== Vishal Kumar S/o Pradeep Prasad @ Munna Prasad @ Pradeep Kumar Resident of Village-Bhagirathi Lane, P.S.-Sultanganj, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Sections 20(b)/17/11 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in connection with Sultanganj P.S. Case No. 170 of 2018.

17 grams of smack was allegedly recovered in 26 small packets from possession of the petitioner. Allegation is that he was selling the same.

Submission is that quantity recovered is less than commercial quantity. Petitioner is in custody since 23.06.2018 Considering the nature of allegation and criminal antecedent of the petitioner under the provisions of the Excise Act, I am not inclined to enlarge the petitioner on bail. Hence,

Patna High Court CR. MISC. No.5589 of 2019(3) dt.22-04-2019 2/2 his prayer for bail is refused.

Learned trial court is directed to expedite the trial and conclude the same preferably within eight months, failing which the petitioner would be at liberty to renew his prayer for bail before the court below.

(Birendra Kumar, J) Banti/Rajan U T