Patna High CourtCR. MISC./21933/2016dismissed

Md. Imtiyaz @ Imtiyaz v. State Of Bihar And ANR

2016-07-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21933 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -SIKTI District- ARRARIA ====================================================== Md. Imtiyaz @ Imtiyaz S/o Md. Jamil @ Jalil. Resident of VillageBholani, P.S.- Sikty, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Union of India through Godown Secretary, N.D.P.S., Patna null null .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Mr. Ajay Kumar-I(App) For UoI :- Mr. Ram Anurag Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-07-2016 Heard learned counsels for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 27.03.2016 in a case registered for the offences punishable under section 3(c), 21(c) and 23(c) of The Narcotic Drugs and Psychotropic Substances Act, 1985 in connection with Special Case No.4/2016 arising out of Sikty P.S. Case No.15/2016, pending before the learned Sessions Judge-cum-Special Judge, Araria.

On the secret information, the house of the petitioner was raided and 1.5 KG 'Charas' was recovered. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.21933 of 2016 (4) dt.26-07-2016 2/2 that the recovery was made from the abandoned joint family house; hence, it cannot be treated as a recovery from the possession of the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

It is submitted by Mr. Ram Anurag Singh, learned counsel for the Union of India that the recovery is of commercial quantity.

Considering the commercial quantity of recovery, this court is not inclined to grant bail to the petitioner at present. Accordingly, the application for bail on behalf of the petitioner is rejected.

However, it is expected from the trial Court to expedite the trial.

(Dinesh Kumar Singh, J) Ashwini/- U T