Md. Jabed Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32379 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -BARHARA District- PURNIA ====================================================== Md. Jabed Khan, S/o Md. Zakir Khan, Resident of Rangpura, P.S.- Mirganj, District- Purnea.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate with Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Special (NDPS) Case P.S.Case No. 02 of 2017, arising out of Barhara P.S.Case No. 18 of 2017, registered for the offences punishable under Sections 20(b), 22 and 23 of N.D.P.S. Act. Allegation against the petitioner is of recovery of 10 kg. ganja from his possession.

It has been submitted on behalf of the petitioner that no recovery has been made from the possession of the petitioner, rather recovery has been made from the motorcycle in which petitioner was sitting. Further submission is that seizure list has been made without complying with the mandatory provision of law and petitioner is in custody for six months.

Patna High Court Cr.Misc. No.32379 of 2017 (3) dt.04-08-2017 2/2 Heard learned APP also.

Having heard both sides and in view of recovery of 10 kg. ganja, which is more than small quantity, I am not inclined to grant bail to the petitioner.

However, learned trial court is directed to expedite the trial and try to conclude it within nine months. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U