Patna High CourtCR. MISC./12492/2024disposed

Roshan Rai @ Roshan Roy v. The State Of Bihar

2024-02-27Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12492 of 2024 Arising Out of PS. Case No.-619 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== Roshan Rai @ Roshan Roy S/O- Varun Rai R/O- Village- Itwari, Ward No.- 3, P.S.- Gachiya, Dist.- Morang (Nepal) ... ... Petitioner/s

Versus

The state of bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigendra Kumar, Adv.

For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Special Case No. 105 of 2023 arising out of Narpatganj (Basmatiya) P.S Case No. 619 of 2023 from the Court of learned Sessions-cum-Special Judge, NDPS Act, Araria registered for the offences punishable under Sections 21(c), 22 and 23 of the Narcotic Drugs and Psychotropic Substance Act (in short NDPS Act).

3. As per allegation in the FIR, total 20 grams brown sugar recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.12492 of 2024(2) dt.27-02-2024 2/2 petitioner has falsely been implicated in this case. It is next submitted that petitioner is made accused on mere suspicion. It is also submitted that petitioner is in judicial custody since 27.10.2023 and petitioner has got no criminal antecedent as stated in para 3 of the petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. In view of the allegation as regard to recovery and considering all circumstance of this case this Court is not inclined to grant bail to the petitioner.

7. Hence, the prayer for regular bail of the petitioner is rejected. Trial Court is directed to conclude the proceeding of trial within a period of six months from date of receipt of this order, if the proceeding of trial is not concluded within six months, the trial court can grant bail to the petitioner after the aforesaid period.

(Ramesh Chand Malviya, J) Mayank/- U T