Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14852 of 2017 Arising Out of PS.Case No. -84 Year- 2015 Thana -SASARAM RAIL P.S. District- GAYA ======================================================

1. Sonu Kumar Son of Raju Mehtar, Resident of Village- Obra, Police Station- Obra, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2017 Heard both sides.

The petitioner seeks bail in Sasaram Rail P.S. case No. 84 of 2015 under Section 21, 22 of the N.D.P.S. Act and under Section 147 of the Railway Act.

The learned counsel for the petitioner submits that Baidh Nath Sao @ Baij Nath Sao has already been granted bail vide order dated 19.04.2016 passed in Cr. Misc. No. 9610 of 2016. The case of petitioner stands almost on the same footing but it appears that from the possession of Baidh Nath Sao 15 Kg. Ganja was recovered but from possession of Sonu Kumar, the petitioner, 20 Kg. Ganja was recovered.

Considering the fact that commercial quantity of Ganja was recovered from the possession of petitioner, I am not

Patna High Court Cr.Misc. No.14852 of 2017 (3) dt.04-05-2017 2/2 inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The trial court is directed to expedite the trial and conclude the same within six months from the date of receipt of this order, after holding the trial on day to day basis. The Senior Superintendent of Police, Gaya is directed to ensure the attendance of prosecution witnesses of Sasaram Rail P.S. case No. 84 of 2015 in the court of learned 1st Additional Sessions Judge, Gaya so that the trial must be concluded within six months.

Let a copy of this order be sent to the learned trial court as well as the Senior Superintendent of Police, Gaya for information and needful.

(Prabhat Kumar Jha, J) BKS/- U T