Jitendra Kumar @ Jeetenera Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14393 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -BARGANIA District- SITAMARHI ======================================================

1. Jitendra Kumar @ Jeetenera Kumar son of Sri Bindeshwar Rai Resident of Village - Babhangama, P.S. Riga, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate. Mr. Pushpendra Kumar Singh, Advocate.

For the Opposite Party/s : Mr. S.M. Rahman, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody for the offences punishable under Sections 8, 20(b), II/B of the N.D.P.S., Act. From the Tempo of which the petitioner is the driver, 6 Kg ganja was seized, as the same was being carried from Nepal.

Submission is that the petitioner was simply a driver and the recovered ganja was left by some passenger sitting on the tempo and fled away.

Considering the prima facie material against the petitioner who is in custody since 06.01.2017, I am not inclined to enlarge the petitioner on bail. Accordingly his prayer for bail in

Patna High Court Cr.Misc. No.14393 of 2017 (3) dt.08-05-2017 2/2 connection with Bairgania P.S. Case No. 04 of 2017 pending in the Court of Learned Special Judge, N.D.P.S. Act, Sitamarhi is refused.

The trial court is directed to expedite and conclude the trial within nine months from the date of receipt of a copy of this order, failing which the petitioner would be at liberty to renew his prayer for bail before the court below itself. (Birendra Kumar, J) Mishra/- U T