Patna High CourtCR. MISC./34559/2017dismissed

Ashok Tatma v. State Of Bihar And ANR

2017-07-28Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.34559 of 2017 (2) dt.28-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34559 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -TARABARI District- ARRARIA ======================================================

1. Ashok Tatma Son of Late Gajanand Tatma, R/o Village- Sukhsena Ward No. 13, P.S.- Tarabari, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Union of India, through the Director N.D.P.S. Govt. of India. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-07-2017 The petitioner seeks regular bail in connection with Tarabari P.S. Case No. 32 of 2017, registered for offences punishable under Sections 22, 23 and 24 of NDPS Act. Allegation against the petitioner is of recovery of 2.5 kilograms of ganja.

It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and further petitioner is a handicapped person and he has annexed the certificate issued by Welfare Department as Annexure -2. Petitioner has no criminal antecedent and has been in judicial custody since 16.04.2017.

Learned counsel for the State opposed the prayer for bail. Having heard both sides, considering the fact and

Patna High Court Cr.Misc. No.34559 of 2017 (2) dt.28-07-2017 circumstances of the case and also the quantity of recovery, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the trial and try to conclude it within a period of six months and if the trial is not concluded within the aforesaid period, the petitioner will be at liberty to renew his prayer for bail in the court below itself. (Vinod Kumar Sinha, J) sunil/- U T