Arwal Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46557 of 2016 Arising Out of PS.Case No. -157 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Arwal Singh Son of Late Ramsakal Singh Resident of village - Bagwa, P.S. Garhani, District - Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Zonal Director, Narcotics Control Bureau, Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yogendra Kumar Singh For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal For UOI : Mr. Anshuman Singh, Adv. CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-02-2017 The report as called for, by this court vide order dated 28-01-2017 has since been received from the court of 3rd Additional District & Sessions Judge, Bhojpur at Ara vide letter No. 16/2017 dated 15-02-2017, from perusal of which, it appears that the learned trial court has opined to conclude the trial of the petitioner within six months.

Heard learned counsel for the petitioner as well as learned counsel, appearing for Union of India. Petitioner seeks bail in a case registered under Sections-20(b)(II)c and 22(c) of the NDPS Act. Learned counsel for the petitioner submits that the petitioner's name surfaced in the statement of apprehended coaccused, made before the police. It is also submitted that there is

Patna High Court Cr.Misc. No.46557 of 2016 (4) dt.22-02-2017 2/2 no involvement of the petitioner in any other criminal case and hence, he deserved bail.

Learned Additional Public Prosecutor appearing for the Union of India opposes the prayer, submitting that in huge quantity Ganja was recovered from a vehicle and apprehended accused, named the petitioner stating that this petitioner made available the vehicle and money for bringing Ganja. Having regard to the facts and circumstances of the case as well as nature of allegation levelled against the petitioner as also the report of learned trial court, I do not think it proper to release the petitioner on bail and, accordingly, his prayer for bail in connection with NDPS Case No. 07 of 2016 arising out of Udwantnagar P.S. Case No. 157 of 2016 stands rejected. However, this court expects that learned trial court would conclude the trial of the petitioner within the time frame, as mentioned in its letter No. 16/2017 dated 15-02-2017. (Arvind Srivastava, J) A.K.V./- U T