Bhagwan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 30343 of 2016 Arising Out of PS.Case No. -99 Year- 2015 Thana -BODHGAYA District- GAYA ====================================================== Bhagwan Das Son of Late Badri Das resident of village-Abdul Tola Hathmarwa, P.S. - Sirdalla, District- Nawada .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha Mr. Sudhir Kumar Sinha For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

22-11-2016 Heard Sri Ashok Kumar Sinha, learned counsel, who was assisted by Sri Sudhir Kumar Sinha, learned counsel for the petitioner and Smt. Renu Kumari, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 27-03-2015, has prayed for grant of bail in Bodh Gaya P.S. Case No. 99 of 2015 registered for offence under Sections 18, 20, 22, 25(A), 27(A), 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short "NDPS Act").

It was submitted by learned counsel for the petitioner that petitioner has falsely been implicated. He further submits that in case of one co-accused, while rejecting the prayer for bail, direction was given to conclude the trial within specified time,

Patna High Court Cr.Misc. No.30343 of 2016 (4) dt.22-11-2016 2/2 however; till date charge has not been framed. Learned Addl. Public Prosecutor opposing the prayer for bail submits that petitioner alongwith other three persons were arrested and from them, huge quantity of opium was recovered. She submits that the petitioner and others were involved in the trafficking of drugs.

Keeping in view the seriousness of the offence as well as condition imposed under Section 37 of the NDPS Act, it would be difficult for this Court to pass favouable order. The petition stands dismissed.

However, while dismissing the present petition, keeping in view the fact that petitioner is in custody since March, 2015, it is desirable to observe that learned court below may take appropriate step so that the case may come to its logical end without unnecessary delay.

(Rakesh Kumar, J.) Anay U T