Brijesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6052 of 2019 Arising Out of PS. Case No.-67 Year-2018 Thana- BHANGHA District- West Champaran ====================================================== Vinod Das son of Late Nepal Chandra Das Village-Jasauli,P.S-Bhangaha, Distt.-West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6661 of 2019 Arising Out of PS. Case No.-67 Year-2018 Thana- BHANGHA District- West Champaran ====================================================== Brijesh Das Son of Sri Niwas Das @ Niwas Das @ Niwas Chandra Das Resident of Village - Jasauli, P.S. Bhangaha, Dist. West Champaran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 6052 of 2019) For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shyam Kumar Singh (In CRIMINAL MISCELLANEOUS No. 6661 of 2019) For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Bhangha P.S. case No.67 of 2018 registered under Sections 20(c), 22, 23, 24, 28 of N.D.P.S. Act, pending in the court of Sessions Judge, West Champaran.

The allegation is that 6 kg 30 gram charas is recovered.

Patna High Court CR. MISC. No.6052 of 2019(4) dt.15-04-2019 2/2 It has been submitted on behalf of the petitioners that the petitioners are in custody since 19.09.2018 and have got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 6 kg 30 gram charas is 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 petitioners are named in the F.I.R. The quantity of charas 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. Narendra/- (Sudhir Singh, J) U T