Asthanand Prasad Singh @ Astanand Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22221 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- MEHANDIGANJ District- Patna ====================================================== Asthanand Prasad Singh @ Astanand Prasad Singh Son of Sri Deva Singh R/v- Ranipur Morcha, P.S.-Mehandiganj, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Mehandiganj P.S Case No. 09 of 2024 from the Court of learned Sessions Judge, Patna registered for the offences punishable under Sections 8( C ), 20(b)(ii)(B), 22 of the NDPS Act and 30 (a) of the Bihar Prohibition and Excise Act, 2022

3. As per allegation in the FIR, total 1.332 Kg Ganja, one tetra pack of liquor and Rs. 73,800/- in cash recovered from the house of the Petitioner.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.22221 of 2024(2) dt.20-03-2024 2/2 petitioner has falsely been implicated in this case. Petitioner is neither arrested on the spot nor any incriminating articles have been recovered from the possession of the petitioner. It is also submitted that petitioner is in judicial custody since 13.01.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. In view of the allegation as regard to recovery of ganja which is more than small quantity and less than commercial quantity this Court is not inclined to grant bail to the petitioner.

7. Hence, the prayer of the regular bail of petitioner is hereby rejected. However, trial court is directed to conclude the trial within nine months and if the trial is not concluded within the stipulated period then the petitioner may renew the prayer of bail before the trial court and the trial court shall grant bail to the petitioner. (Ramesh Chand Malviya, J) Mayank/- U T