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Patna High CourtCR. MISC./9764/2017rejected

Pappu Kumar @ Pappu Mandal @ Pappu Kumar Singh v. The State Of Bihar

2017-03-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9764 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -SIKTI District- ARRARIA ======================================================

1. Pappu Kumar @ Pappu Mandal @ Pappu Kumar Singh, S/o Sri Gulab Chandra Mandal @ Gulabi Singh, Village- Khari Tola, Belwari Sikty, P.S.- Bardaha, District- Araria .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Kundan Kumar Singh, Adv. For the Opposite Party : Mr. Asharaf Ansari, APP 86 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-03-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offences under Sections 20, 22, 23 and 24 of the Narcotic Drugs and Psychotropic Substances Act.

Allegation is that 28 Kilogram of ganja was recovered from the house of this petitioner.

Submission of the petitioner is that the petitioner was arrested in connection with other case and on so called disclosure of the petitioner the recovery was made. The entire allegation is false and concocted one inasmuch as there is no independent witness of the seizure though the police said that search and seizure was made in presence of the villagers, but, same set of witnesses are there on the seizure list, who were witnesses on the seizure in the earlier case. The petitioner is in custody since 06.08.2016.

Patna High Court Cr.Misc. No.9764 of 2017 (3) dt.29-03-2017 2/2 Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail.

The prayer for bail is refused.

The learned trial Court is directed to expedite the trial and conclude the same, preferably within nine months.

(Birendra Kumar, J) SA/- U √ T √