Patna High CourtCR. MISC./37061/2016rejected

Deepak Kumar Singh v. State Of Bihar And ANR

2017-01-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37061 of 2016 Arising Out of PS.Case No. -280 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Deepak Kumar Singh, Son of Sudarsan Singh, resident of Village- Gutti Bandh, P.S- Katrash, District- Dhanbad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Narcotics Control Bureau, Patna Zone Unit. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Satyadarshi Sanjay, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2017 Heard both sides.

The petitioner seeks bail in Kotwali (Barari) P.S. Case No. 280/2014, corresponding to G.R. No. 1506/2014, registered under Sections 20, 22 and 25 of the N.D.P.S. Act. It appears that 136 kg Ganja was recovered from the vehicle of the petitioner which was driven by the petitioner. Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 20.04.2015 passed in Cr. Misc. No. 6891/2015 with a direction to the trial court to conclude the same within one year from the date of receipt of that order but the trial has not yet been concluded. A report was called for from the learned 4th Additional Sessions Judge, Bhagalpur as well as the Senior Superintendent of Police,

Patna High Court Cr.Misc. No.37061 of 2016 (3) dt.18-01-2017 2/2 Bhagalpur. It is reported that all the witnesses have already been examined.

Considering the facts aforesaid and the fact that the trial is at its fag end and commercial quantity of ganja was recovered from the possession of the petitioner, I am not inclined to enlarge the petitioner on bail in Kotwali (Barari) P.S. Case No. 280/2014, corresponding to G.R. No. 1506/2014. Accordingly, the application for bail is rejected.

(Prabhat Kumar Jha, J) Dilip/- U T