Patna High CourtCR. MISC./39707/2017dismissed

Dhananjay Kumar v. The State Of Bihar

2017-08-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39707 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSASARAM (ROHTAS) ======================================================

1. Dhananjay Kumar Son of Shiv Kumar Singh resident of Village - Tetariya, Police Station - Udwantnagar, District - Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajendra Nath Sinha For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2017 Heard the parties.

Earlier the petitioner had moved before this Hon'ble Court for regular bail, but his prayer for bail was rejected as in spite of direction of this Court, he could not remove the defect as pointed out by the Stamp Reporter, which will appear from Annexure 1 of the petition and he has filed second bail application in this case now.

This application is for grant of bail in N.D.P.S. Case No.7 of 2017 registered for the offence under Section 20(B) of N.D.P.S. Act.

Allegation against the petitioner is about recovery of 07 kg. Ganja from the vehicle and the petitioner was Driver of the said vehicle.

Patna High Court Cr.Misc. No.39707 of 2017 (2) dt.30-08-2017 2/2 Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner. The petitioner is only Driver of the vehicle and he has nothing to do with the seized articles. It is further submitted that the petitioner is in custody since 6.4.2017.

Heard learned A.P.P.

Having heard both sides, in view of the facts and circumstances, as stated above, and considering the fact that recovery of 7.332 kg. Ganja is from the vehicle and the petitioner was present at that time, as such I am not inclined to grant bail to the petitioner, however, as the petitioner is in custody, the learned trial court is directed to expedite the trial of the petitioner and try to conclude it within a period of nine months. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T