Patna High CourtCR. MISC./16108/2024bail rejected

Krishanandan Das v. The State Of Bihar

2024-03-20Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16108 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Krishanandan Das (Male) aged about 40 years, S/O Bharat Das R/O VillageBarharva, Ward No. 5, P.S- Gaur, Dist.- Rauthat, Nepal ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-03-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail registered for the offence under Sections 8/20(II)(B), 22 and 23 of the NDPS Act.

3. As per the prosecution case, it is a case of 2 kg. ganja was recovered from the possession of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and the alleged recovery is less than commercial quantity. Petitioner is in custody since 14.01.2024. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. From perusal of the first information report,

Patna High Court CR. MISC. No.16108 of 2024(2) dt.20-03-2024 2/2 seizure list as well as impugned order dated 01.02.2024, it appears that 2 kg. ganja was recovered from the conscious possession of the petitioner and it is more than small quantity and less than commercial quantity, I am not inclined to grant bail to the petitioner.

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

8. However, trial Court is directed to conclude the trial within a period of six months after framing of charge and if the trial is not concluded the petitioner may renew his prayer for bail before the trial Court.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T