Md. Afak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11625 of 2022 Arising Out of PS. Case No.-520 Year-2020 Thana- KISHANGANJ District- Kishanganj ====================================================== Md. Afak Son Of Md. Rijabul @ Md. Rajal R/O - Rangpura Mirmilik Mushahari, P.S.- Mirganj, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Kishanganj P.S. Case No. 520 of 2020 registered for the alleged offences under Sections 420, 414, 120(B) of the Indian Penal Code and Sections 20(b)(3), 22(3), 23(3) and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The prosecution case against the petitioner is that from the vehicle, in which he has been working as cleaner, as 61.700 kg of ganja was recovered and the petitioner along with co-accused driver were apprehended.
Patna High Court CR. MISC. No.11625 of 2022(2) dt.04-07-2022 2/3 The learned counsel for the petitioner submits that the petitioner has been arrested in this case merely on suspicion. The petitioner was not aware about ganja being carried in the vehicle as he took lift in the said vehicle. There has been no compliance of mandatory requirements under Section 42 of the Narcotic Drugs and Psychotropic Substances Act. No chemical test has been carried out to ascertain that the recovered material was ganja. Learned counsel for the petitioner further submits that one case is pending against the petitioner in which he is on bail. Charges have been framed and the case is running for evidence of prosecution. The petitioner is in custody since 25.12.2020.
Learned A.P.P. for the State has opposed the prayer of bail of the petitioner submitting that more than three times of commercial quantity of ganja has been recovered from the petitioner and the co-accused.
Having regard to the submissions made hereinabove and considering the recovery of commercial quantity of ganja from the petitioner and the co-accused, I am not inclined to enlarge petitioner on bail at this stage.
Accordingly, his prayer for grant of bail is rejected. However, the petitioner may renew his prayer for bail
Patna High Court CR. MISC. No.11625 of 2022(2) dt.04-07-2022 3/3 after 9 months, if the trial is not concluded by that time. Meanwhile, the learned Trial Court is directed to expedite the trial and complete the same within the aforesaid period. (Arun Kumar Jha, J) Gautam/Shobha U T