Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20939 of 2024 Arising Out of PS. Case No.-14 Year-2020 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Gaya ====================================================== Vijay Singh S/o Nain Sukh R/o Rampur Bujurg, Aonla Alampur, P.S. - Bhamora, Distt. - Bareilly, U.P.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddharth Aditya, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with NCB Case No. 14 of 2020/NDPS Case No. 43 of 2020 instituted for the offence under Sections 8(c), 18, 25, 27A, 28, 29 & 59 of the NDPS Act.

3.

Prosecution case in short is that on secret information police intercepted two cars and on search, there is recovery of 15 KG of opium in 16 packets.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02-11-2020. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.20939 of 2024(3) dt.07-05-2024 2/2 case. It is submitted that petitioner is the driver of the vehicle, and was oblivious of the fact that contraband was laden in the vehicle. It is next submitted that only one witness has been examined in this case and there is no likelihood of the trial being concluded in the near future. It is lastly submitted that charge is also framed in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. He submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act. Learned A.P.P.

7.

Considering the aforesaid facts and circumstances of the case, recovery above the commercial quantity, this Court is not inclined to grant bail to the petitioner. 8.

Accordingly, the prayer for grant of bail to the petitioner is hereby rejected.

9.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T