Md. Jamir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14054 of 2023 Arising Out of PS. Case No.-195 Year-2022 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Md. Jamir Son Of Late Md. Salim R/O Mohalla- Imli Chatti, Near Manipur Bridge, P.S.- Brahmpura, District- Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 8(c), 20, 21(c) of the N.D.P.S. Act. There is recovery of 350.15 grams of Smack from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.14054 of 2023(4) dt.16-10-2023 2/3 seizure and search is in complete violation of Section 100 of the Cr.P.C and the seizure list witnesses are police constables who are bound to support the informant. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 02.10.2022.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that recovery has been made from the conscious possession of the pettioner and the recovered narcotic substance comes within the purview of commercial quantity.

Considering the quantity of recovery of smack from the possession of the petitioner, this Court is not inclined to grant bail to the petitioner for the present. The prayer for grant of bail to the petitioner stands rejected.

The trial Court is directed to expedite the trial and conclude the same at the earliest, preferably within

Patna High Court CR. MISC. No.14054 of 2023(4) dt.16-10-2023 3/3 a period of one year.

The petitioner will be at liberty to renew his prayer for bail, if the trial is not concluded within one year.

(Sunil Kumar Panwar, J) Shageer/- U T