Shankar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22641 of 2017 Arising Out of PS.Case No. -6 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictBUXAR ====================================================== Shankar Singh, son of Late Raghuvansh Singh, resident of VillageVisheshwar Dera Chakki, Police Station- Brahmpur (Chakki O.P.), DistrictBuxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Intelligence Officer, Narcotics Control Bureau, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Parijat Saurav, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP For Union of India : Mr. Rajesh Kumar Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 28-03-2018 Heardx Mr. Parijat Saurav, learned counsel for the petitioner and Mr. Rajesh Kumar Verma, learned counsel for Union of India.

The petitioner has renewed the prayer for bail in a case registered for the offences punishable under Sections 8 and 20 of the Narcotics Drugs and Psychotropic Substances Act. The prosecution case is that Inspector-incharge, Railway Protection Force, Buxar intimated to the Superintendent, Narcotic Control Bureau, Patna that on 24.12.2014 one person was intercepted at the railway station check post in the suspicious condition with three bags. The said person disclosed his name as Shankar Singh, the petitioner and from his

Patna High Court Cr.Misc. No.22641 of 2017 (3) dt.28-03-2018 possession 54 kgs. ganja was recovered.

It is submitted by learned counsel for the petitioner that the witnesses are not being examined. The petitioner is languishing in custody since 24.12.2014. Considering the commercial quantity of recovery the earlier prayer for bail of the petitioner was rejected vide order dated 24.08.2016 passed in Cr. Misc. No. 35513 of 2016. Moreover, in view of report of learned Sessions Judge - cum- Special Judge, N.D.P.S. Act, Buxar dated 5th February, 2018 that the trial will be concluded within a period of six months and the commercial quantity of recovery, this Court is not inclined to grant bail to the petitioner in NDPS Case No. 11 of 2014 arising out of Government Official Complaint No. 06 of 2014, pending in the Court of learned Sessions Judge -cum- Special Judge, N.D.P.S. Act, Buxar.

Accordingly, the prayer for bail of the petitioner is rejected. However, it is expected from the learned trial Court to conclude the trial expeditiously particularly within time frame which has been transmitted to this Court. (Dinesh Kumar Singh, J) DKS/- U T