Patna High CourtCR. MISC./15831/2019dismissed

Anjan Barman v. The State Of Bihar

2019-04-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15831 of 2019 Arising Out of PS. Case No.-337 Year-2018 Thana- BAHADURGANJ District- Kishanganj ====================================================== ANJAN BARMAN Son of Amal Barman Resident of Geramoro Machhpara, Police Station and District- Kochbihar (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 8 and 20(b)(ii)(c) of the N.D.P.S. Act. The prosecution case in short is that 150 kg. ganja has been recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.12.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. 150 kg. ganja is alleged to have been recovered. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

Patna High Court CR. MISC. No.15831 of 2019(3) dt.16-04-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The alleged recovered quantity is above the commercial quantity. In the light of the provisions of Section 37 of the N.D.P.S. Act, the petitioner cannot be granted bail.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within one year from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Pankaj/- U T