Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28975 of 2017 Arising Out of PS.Case No. -157 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Santosh Paswan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Priyank Deepak For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-06-2017 Heard both sides.

The petitioner seeks bail in Udwant Nagar P.S. case No. 157 of 2016 under Section 20(B) (ii) (c) and 22 (c) of the NDPS Act.

The learned counsel for the petitioner submits that prayer of petitioner for bail was earlier rejected by this court vide order dated 10.03.2017 passed in Cr. Misc. No.11181 of 2017 but the trial has not yet begun. Search and seizure was not made in accordance with law but it appears that petitioner was driver of the vehicle from which 85 Kg. of Ganja was recovered. Considering the fact that commercial quantity of Ganja was recovered from the conscious possession of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

Patna High Court Cr.Misc. No.28975 of 2017 (2) dt.28-06-2017 2/2 The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt of this order.

If the trial is not concluded within one year, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J) BKS/- U T