Soharab Sheikh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71873 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- BHANGHA District- West Champaran ====================================================== Soharab Sheikh S/o Hanif Karim Sheikh, Resident of VillageMahadeopath,P.S. Serwa,Distt.-Parasa (Nepal) ... ... Petitioner

Versus

1. The State of Bihar

2. The Union of India through Inspector General of Sashastra Seema Bal,Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP For the Union of India : Mr. Anshuman Singh, C.G.C. No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-12-2018 Petitioner prays for bail in connection with Trial No. 15 of 2018, NDPS Case No. 01 of 2018, arising out of Bhangaha P.S.Case No. 04 of 2018 registered for the offences punishable under Sections 20, 22, 23 and 28 of N.D.P.S. Act Allegation against the petitioner is of recovery of 10 kg. of alleged charas from the motorcycle.

Submission of learned counsel for the petitioner is that the procedure prescribed under the N.D.P.S. Act has not been followed in this case and petitioner is in custody since 14.1.2018 and the motorcycle does not belong to him. Heard learned APP also.

Having heard both sides and in view of recovery of huge quantity of charas, I am not inclined to grant bail to the

Patna High Court Cr.Misc. No.71873 of 2018(2) dt.07-12-2018 2/2 petitioner.

However, since the petitioner is in custody for the last 11 months, learned trial court is directed to expedite the trial of the petitioner.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T