Patna High CourtCR. MISC./41812/2017dismissed

Vinod Sah v. The State Of Bihar

2017-09-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41812 of 2017 Arising Out of PS.Case No. -129 Year- 2017 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================

1. Vinod Sah Son of Ayodhya Sah, R/o Village- Baron, P.S.- Nokha, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar Singh For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 The petitioner seeks regular bail in connection with Durgawati P.S. Case No. 129 of 2017, registered for offences punishable under Sections 8/20(b)(ii)(C), 25, 27A of NDPS Act. Allegation against the petitioner is of recovery of 11 kg and odd ganja from the dickey of the duster vehicle in which petitioner and others were present and caught while fleeing away. It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and he has falsely been implicated in this case. It has also been submitted that petitioner is a poor labourer and was only present at the place of occurrence and has nothing to do with the alleged recovery. Petitioner has no criminal antecedent and has been in judicial custody since 03.07.2017.

Patna High Court Cr.Misc. No.41812 of 2017 (2) dt.11-09-2017 2/2 Learned counsel for the State opposed the prayer for bail on the ground that in this case huge quantity of ganja has been recovered.

Having heard both sides, considering the facts and circumstances of the case and also the quantity of ganja recovered in this case, I am not inclined to release the petitioner on bail, his 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 one year. (Vinod Kumar Sinha, J) sunil/- U T