Md. Mumtaz @ Md. Mataz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16496 of 2019 Arising Out of PS. Case No.-170 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== MD. MUMTAZ @ MD. MATAZ Son of Md. Shamsher Sah @ Shamsher Sah Resident of Naya Tola, Shahbaj Nagar, Fatehpur, P.S- Zero Mile Sabour, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhoy Kumar Kashyap For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 20(b) of the N.D.P.S. Act. The prosecution case in short is that 85 kg ganja has been recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.5.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. 85 kg ganja is alleged to have been recovered. There is no compliance of Sections 42 and 50

Patna High Court CR. MISC. No.16496 of 2019(2) dt.16-04-2019 2/2 of the N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The alleged recovered quantity is above the commercial quantity. In the light of the provisions of Section 37 of the N.D.P.S. Act, the petitioner cannot be granted bail.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within one year from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Pankaj/- U T