Kishori Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20891 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== Kishori Rai S/O Late Sukhdev Rai @ Surydev Ray Resident Of VillageIndrawa, P.S.- Sonbarsa, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 8, 20(b)(ii)(c), 22 of the N.D.P.S. Act. There is recovery of 90 Kgs of Ganja from the house of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing incriminating has

Patna High Court CR. MISC. No.20891 of 2023(8) dt.19-01-2024 2/3 been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized contraband. The recovery has been made from the joint family house. The petitioner is languishing in custody since 01.10.2022 In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that from the house of the petitioner huge quantity of Ganja was recovered and charge-sheet has been submitted after finding prima facie case. The F.S.L report also suggests that Ganja like substance was found.

Considering the facts aforesaid, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected. The Trial Court is directed to expedite the trial and conclude the same at the earliest, preferably within a period of nine months.

The petitioner will be at liberty to renew his

Patna High Court CR. MISC. No.20891 of 2023(8) dt.19-01-2024 3/3 prayer for bail, if the trial is not concluded within nine months.

(Sunil Kumar Panwar, J) Shageer/- U T