Md. Sohrab And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16984 of 2018 Arising Out of PS. Case No.-201 Year-2017 Thana- KISHANGANJ District- Kishanganj ======================================================

1. Md. Sohrab S/o late Rustam Ali Resident of Khajurbagan (Barzala), Ward no. 2, Agartalla, P.S. Sadar, New Capital Complex, District- West Tripura(Agartalla).

2. Sanjay Gope S/o Ranjeet Gope, Resident of Khajurbagan P.O. Kathalbari P.S. Sadar, New Capital Complex, District- West Tripura(Agartalla).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Giri For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Kishanganj P.S. Case No. 201 of 2017 registered under Sections 21 and 22 of N.D.P.S. Act.

7 1⁄2 Kg. Ganja is said to have been recovered from the possession of the petitioners at Bihar Bus Stand, Kishanganj and the petitioners were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their conscious physical possession. The aforesaid ganja is not hailing to the petitioners rather some other persons who

Patna High Court Cr.Misc. No.16984 of 2018(2) dt.28-03-2018 2/2 managed to escape seeing the police party dumping the bag of ganja and the petitioners who were passing through the aforesaid place were apprehended by the police merely on suspicion. The petitioners have no criminal antecedent. They have been languishing in custody since 2.05.2017 and the case is at the stage of prosecution evidence.

Considering the recovery of aforesaid quantity of contraband from the possession of the petitioners, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer is rejected.

However, learned lower court is directed to dispose of the case, as expeditiously as possible, preferably within six months, from the date of receipt/production of a copy of this order.

(Prakash Chandra Jaiswal, J) rohit/- U T