Johan Nayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43526 of 2017 Arising Out of PS.Case No. -81 Year- 2016 Thana -SAMSTIPUR RAIL P.S DistrictSAMASTIPUR ======================================================

1. Johan Nayak, S/o Praphul Nayak, R/o Village Kampadar, P.S. Adwa, District-Gajpati .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Samastipur Rail (G.R.P.) P.S. Case No. 81 of 2016, registered for offences punishable under Sections 20, 22 and 23 of NDPS Act. Allegation against the petitioner is of recovery of 12.80 kg. Ganja from his bag and he was arrested from the place of occurrence while he was trying to flee away.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and no specific allegation has been made and he is of clean antecedent. Further it has stated that he is in judicial custody for more than ten months. Heard learned APP also.

Having heard both sides, considering the huge quantity of recovery, I am not inclined to release the petitioner on bail, his

Patna High Court Cr.Misc. No.43526 of 2017 (3) dt.09-10-2017 2/2 application for regular bail is, accordingly, rejected. However, the trial court is directed to expedite the trial and try to conclude it within a period of seven months. (Vinod Kumar Sinha, J) sushma/- U