Somendra Deo Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22733 of 2019 Arising Out of PS. Case No.-580 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== SOMENDRA DEO VERMA Son of Heman Deo Verma @ Hemon Deb Barma Resident of Village - Dalkhalapara, P.O.- Tamakri, P.s.- Side Mohanpur, Distt.- Tamakari, West Tripura, State- Tripura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 8 and 20(b)(ii)(c) of the N.D.P.S. Act. The prosecution case in short is that 30.986 kg ganja has been recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.8.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The petitioner had no knowledge that the bags which were given to him contain contraband. He is

Patna High Court CR. MISC. No.22733 of 2019(5) dt.20-08-2019 2/2 a labourer.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The alleged recovered quantity is above the commercial quantity. In the light of the provisions of Section 37 of the N.D.P.S. Act, the petitioner cannot be granted bail.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner in connection with Special Case No. 07/2018 arising out of Khagaria P.S. Case No. 580 of 2018. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within nine months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Pankaj/- U T