Ajit Bhagat @ Ajit Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32307 of 2016 Arising Out of PS.Case No. -238 Year- 2014 Thana -AMARPUR District- BANKA ======================================================

1. Ajit Bhagat @ Ajit Kumar Bhagat S/o Shri Shankar Bhagat Resident of Panjwara P.S. Panjwara, District Banka at Present of Resident of Amarpur Dharani P.S Amarpur Distt Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 18.3.2015 in a case registered for the offences punishable under Sections 20 and 22 of NDPS Act.

From the house of the petitioner 282 kilograms ganja and rupees one lac seventeen thousand six hundred fifty cash were recovered.

It is submitted by the learned counsel for the petitioner that recovery has been made from the joint family house and the procedural safeguard with regard to seizure has not been properly followed. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.32307 of 2016 (2) dt.02-08-2016 2/2 Considering the commercial quantity of recovery, this court is not inclined to grant bail to the petitioner in connection with Amarpur P.S. Case No. 238 of 2014 (G.R. No. 1612 of 2014) pending in the court of learned 1st Additional Sessions Judge, Banka.

This application is, accordingly, dismissed. However, it is expected from the learned 1st Additional Sessions Judge, Banka to conclude the trial preferably within a period of one year. (Dinesh Kumar Singh, J) Anil/- U T