Patna High CourtCR. MISC./18980/2023rejected

Sajan Manjhi v. The Union Of India

2023-08-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18980 of 2023 Arising Out of PS. Case No.-296 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== SAJAN MANJHI S/O DEVNARAYAN MANJHI Resident of villageJamunia, Mushharnia, Basatpur, P.S.- Sobarsa, District- Sitamarhi. ... ... Petitioner/s

Versus

The Union Of India New Delhi 2.

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Sonbarsa P.S. Case No. 296 of 2022 instituted for the offence under Sections 8/20(b)(ii)(c)/22 of the N.D.P.S. Act.

3. As per F.I.R., prosecution case relates to recovery of Charas like contraband substance i.e. 10 kg from possession of the petitioner who was apprehended on spot while trying to escape after seeing the police party.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of charas like contraband substance. It is further submitted that the provision of N.D.P.S. Act has not been

Patna High Court CR. MISC. No.18980 of 2023(5) dt.28-08-2023 2/2 followed properly and charge-sheet has been submitted without F.S.L. Report. Moreover, the petitioner is languishing in judicial custody since 2.9.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner was apprehended on spot from whose possession, charas like narcotic substance was recovered which is said to be 10 kg and the same comes within purview of commercial quantity. As per F.S.L. report, Charas is detected containing T.H.C. as their chief intoxicating ingredient which is commonly known as Hasish. It is also submitted that witnesses of this case have also supported the prosecution.

6. Having heard the learned counsel for the parties and considering the huge quantity of contraband, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Amandeep/- U T