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Patna High CourtCR. MISC./15227/2017dismissed

Afzal Mian @ Afzal Chaudhari @ Pappu Chaudhary v. The State Of Bihar

2017-03-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15227 of 2017 Arising Out of PS.Case No. -392 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Afzal Mian @ Afzal Chaudhari @ Pappu Chaudhary Son of Abdul Mazid Miya Resident of Village- Gosanimari (Bhitar Kamta), P.S. Dinhatta, District- Cooch Behar(W.B).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 Heard the parties.

This application is for grant of bail in connection with Trial No.29 of 2016 arising out of Gopalganj (Town) P.S.Case No.392 of 2016 for the offence under Sections 414 and 120B of the Indian Penal Code and Section 8, 20(b)(ii)(c), 18, 22, 25 and 29 of the N.D.P.S. Act, 1985.

It is submitted on behalf of the petitioner that the petitioner has no way concern with the seized 'Ganja', as he is only Driver of the Vehicle. He has remained in custody since 23.09.2016. Heard learned A.P.P. also, who has opposed the prayer for bail stating that 100 kg. 300 gram of 'Ganja' has been recovered from the possession of the petitioner and the petitioner was arrested at the spot.

Patna High Court Cr.Misc. No.15227 of 2017 (2) dt.30-03-2017 2/2 Having heard both sides and in view of facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, considering the fact that the petitioner is in custody, the learned trial court is directed to expedite the trial of the petitioner.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U