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Patna High CourtCR. MISC./9908/2015dismissed

Radha Sah And ORS v. The State Of Bihar

2015-05-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9908 of 2015 Arising Out of PS.Case No. -414 Year- 2014 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Radha Sah son of Late Ram Sharan Sah

2. Tufani Mahto son of Late Shambhu Mahto

3. Akhlesh Thakur @ Akhilesh Kumar Thakur, all respondent resident of village Belwa Bhuari, P.S. Gaunaha, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Binod Kumar No. 3(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-05-2015 Heard both sides.

The petitioners seek bail in connection with Sessions Trial No.05 of 2015 arising out of Shikarpur P.S.Case No.414 of 2014 registered under Sections 20,22,23,24 and 27A of the N.D.P.S. Act.

The petitioners were apprehended by the police and from the possession of petitioner no.1 Radha Sah 500 gms charas and 3 kg. Ganja, from the possession of petitioner no.2 Tufani Mahto 500 gms charas and his identity card and from the possession of petitioner no.3, Akhilesh Kumar Thakur, 1 kg. charas and his identity card were recovered.

It is submitted that the search and seizure and also the seizure-list were not made in accordance with law. Considering the facts that huge quantity of charas besides 3 kgs. ganja were recovered from the possessions of the petitioners, I am not inclined to enlarge them on bail and accordingly, the same is rejected.

Patna High Court Cr.Misc. No.9908 of 2015 (2) dt.08-05-2015 2/2 The trial court is directed to expedite the trial and conclude the same within a period of one year from the date of receipt or production of a copy of this order. If the trial is not concluded within the period aforesaid without any fault of the petitioners, they may renew their prayers for bail. (Prabhat Kumar Jha, J) ahk/- U T