Patna High CourtCR. MISC./3012/2018rejected

Vijay Mandal v. The State Of Bihar

2018-02-09Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3012 of 2018 Arising Out of PS. Case No.-204 Year-2016 Thana- KURSAKANTA District- Araria ====================================================== Vijay Mandal, Son of Late Indra Nand Mandal, Resident of VillageDumariya, Ward No.10, P.S.- Narpatganj, District- Araria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Mandal For the Opposite Party/s :

Mr. SRI DILIP KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody since 25.12.2016, seeks bail in connection with Kursakanta (Sonamani) P.S. Case No. 204 of 2016 registered for the offence punishable under Sections 21(C),23 (C) of the Narcotic Drugs and Psychotropic Substance Act.

Informant alleged that on 24.12.2016 on the basis of information Dubbatola company commander of Indo-Nepal was directed to be alert that Charas was to be smuggled from Nepal Sonamani Gowdan into Indian Territory and on information the Inspector Brozen Mehrohtra alongwith other personnel at 23:00 hrs. on 24.12.2016 proceeded near border pillar No.

Patna High Court Cr.Misc. No.3012 of 2018(3) dt.09-02-2018 2/2 172/60 thereafter during raid on 25.12.2016 at 5:00 hrs one motorcycle came from side of Nepal upon which two persons were sitting and they stopped for checking. A bag was found to be carried by the accused petitioner who was pillion rider the said motorcycle and the other accused who was driving the bike fled away. On being search made of the bag the raiding party recovered 6.1 kg Charas from the said bag. Learned counsel for the petitioner submitted that he is innocent and has been falsely implicated in this case. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly this application is dismissed.

However, the court below shall expedite and conclude the trial of the petitioner preferably within a period of six months.

(S. Kumar, J) veena/- U T