Videsh Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.42623 of 2017 (2) dt.14-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42623 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -ATHMALGOLA District- PATNA ======================================================

1. Videsh Rai Son of Ramdeo Rai, Resident of Village- Naya Tola Sabnima Thana Athmalgola, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 The petitioner seeks regular bail in connection with Atmalgola P.S. Case No. 41 of 2017, registered for offences punishable under Section 20/22 of NDPS Act.

Allegation against the petitioner and one co-accused is of recovery of four Kg of ganja from the motorcycle on which they were traveling.

It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner rather the recovered ganja belongs to co-accused of this case and further the recovered article is less than the commercial quantity. It has also been submitted that petitioner has no criminal antecedent and has been in judicial custody since 19.03.2017. Learned counsel for the State opposed the prayer for bail

Patna High Court Cr.Misc. No.42623 of 2017 (2) dt.14-09-2017 and submitted that the recovery is more than the small quantity. Having heard both sides, considering the facts and circumstances of the case and the quantity of recovery, I am not inclined release the petitioner on bail, his application for regular bail is accordingly dismissed.

However, the trial court is directed to expedite the trial and try to conclude it within a period of nine months. (Vinod Kumar Sinha, J) sunil/- U T