Patna High CourtCR. MISC./15470/2023rejected

Nitish Kumar v. The State Of Bihar

2023-08-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15470 of 2023 Arising Out of PS. Case No.-276 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== NITISH KUMAR Son of Lalan Kumar Singh Resident of Village- Rawaich, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 20(b)(ii)(c), 22, 23 and 25 of the N.D.P.S. Act.

3. It is case of recovery of 21.200 Kg of Ganja like substance from the possession of the petitioner, which were kept in plastic bag.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has not involved in the business of Ganja but due to local village politics, he has been implicated in the present case. Petitioner is languishing in judicial custody since 06.06.2021.

Patna High Court CR. MISC. No.15470 of 2023(5) dt.22-08-2023 2/2

5. Learned APP for the State has opposed the application for bail and submitted that petitioner is named in the FIR and he has been made accused in several cases. He further submitted that the seized Ganja like substance recovered from the possession of the petitioner, which comes within the purview of commercial quantity as per N.D.P.S. Act. During investigation several witnesses have also supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to conclude the trial within its stipulated time, which is mentioned in its status report. (Sunil Kumar Panwar, J) arish/- U T