Raj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14217 of 2024 Arising Out of PS. Case No.-236 Year-2023 Thana- LODIPUR District- Bhagalpur ====================================================== Raj Kumar Singh Son of Late Ram Charitra Singh R/o Village- Mohanpur, P.O.- Mahisauta, P.S.0 Shambhuganj, Dist.- Banka, Bihar- 813211, Presently residing at Laluchakbhatta Road, Near Pahari Baba Mandir, P.S.- Lodipur, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Ranjan, Adv.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Lodhipur P.S Case No. 236 of 2023 (NDPS Case No. 151/2023) from the Court of learned Sessions Judge, Bhagalpur registered for the offences punishable under Sections 20 and 22 of the Narcotics Drugs and Psychotropic Substance Act, 1985.

3. As per allegation in the FIR, it is a case of recovery of 2.3kg of ganja and 18 gram of brown sugar which was recovered from the house of the petitioner.

Patna High Court CR. MISC. No.14217 of 2024(2) dt.05-03-2024 2/3

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 27.12.2023 and petitioner has got no criminal antecedent as stated in para 3 of the petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. In view of the allegation as regard to recovery of said these narcotics substance which is more than small quantity and less than commercial quantity. This is a very serious offence, this Court is not inclined to grant bail to the petitioner.

7. Hence, prayer for regular bail of the petitioner is hereby rejected.

8. However, the trial court is directed to conclude the trial within a year from the date of framing of the charge, the trial court is also directed to conclude the proceeding of farming of charge within a period of one months from the date of receipt of this order and if

Patna High Court CR. MISC. No.14217 of 2024(2) dt.05-03-2024 3/3 such trial is not concluded within a year then the petitioner may renew the prayer of bail before the trial court.

(Ramesh Chand Malviya, J) Mayank/- U T