Arjun Gopali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30206 of 2022 Arising Out of PS. Case No.-37 Year-2020 Thana- MANPUR District- West Champaran ====================================================== Arjun Gopali Son Of Chandra Bahadur Resident Of Village - Barma Nagar , Ps- Budhanagar District - Parsa Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in connection with Manpur P.S. Case No. 37 of 2020 registered under Sections 414 and 34 of the Indian Penal Code and Section 8, 20(b)(ii)(B) of N.D.P.S Act. There is recovery of 3.250 kgs 'charas' from the petitioner. It is alleged that he along with co-accused were caught near the IndoNepal border while they were moving on the motorcycle. Learned counsel for the petitioner submits that petitioner's arrest and recovery are not in accordance with law. The petitioner has now remained in custody since 01.11.2020. The submission is that at

Patna High Court CR. MISC. No.30206 of 2022(3) dt.10-01-2023 2/2 the time of submission of charge-sheet, FSL report had not been submitted and therefore it is prayed that this Court may consider grant of bail to the petitioner. Investigation is also still pending. Learned APP, on the other hand, submits that recovery from the petitioner is of commercial quantity of contraband. The counsel further refers to the bar on the grant of bail under Section 37 of the N.D.P.S Act.

Considering the rival submissions, the fact of recovery of commercial quantity from the petitioner, and the bar under Section 37 of the N.D.P.S Act, this Court, for the present, is not inclined to allow the prayer for bail. The Same is rejected. The learned Court below is directed to proceed with the trial expeditiously without any undue delay or unnecessary adjournments. The application for bail is dismissed.

(Madhuresh Prasad, J) SUMIT/- U T