Patna High CourtCR. MISC./24960/2017dismissed

Omprakash Giri v. The State Of Bihar

2017-07-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24960 of 2017 Arising Out of PS.Case No. -164 Year- 2016 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Omprakash Giri, S/o Hardev Giri, resident of Village- Shankarpur, Hashpura, P.S.- Hashpura, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Pd.Singh Mr. Satyendra Nr. Verma For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2017 Heard the parties.

This application is for grant of regular bail in connection with Aurangabad (Muffasil) P.S.Case No.164 of 2016, registered for the offences under Sections 20(b)(ii)(c) of N.D.P.S.Case, 1985, G.R.12 of 2016, G.R.5 of 2017.

Allegation, as per F.I.R., is that 09 quintal 'Ganja' has been recovered from one Pick-up Van and the arrested person had taken name of the petitioner and one co-accused that the petitioner was making delivery of 'Ganja' and the impugned order also shows that the petitioner is owner of that Pick-up Van. Submission of the learned counsel for the petitioner is that he has not been arrested on the spot and his name transpired only on the basis of disclosure of his son and he is an old aged person.

Patna High Court Cr.Misc. No.24960 of 2017 (3) dt.10-07-2017 2/2 It has further been submitted that the another co-accused person has been granted bail by this Court. The petitioner is in custody for about seven months.

Heard learned A.P.P. also, who has opposed the prayer for bail stating there is involvement of this petitioner in this case. Having heard both sides and considering the fact that the petitioner is owner of the Pick-up Van, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of five months and if not concluded, the petitioner is at liberty to renew his prayer for bail before the court concerned. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T