Nitesh Kumar Jha @ Bittu Jha @ Nilesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14624 of 2018 Arising Out of PS. Case No.-125 Year-2017 Thana- KODHA District- Katihar ====================================================== Nitesh Kumar Jha @ Bittu Jha @ Nilesh Jha, Son of Ashok Jha, Resident of Mohalla Hari Ganj, Patel Chowk, PS Katihar Town, District Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghvendra Kumar Singh For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Korha PS Case No.125 of 2017 (G.R. Case No.1708 of 2017), registered under Sections 20, 22 of the NDPS Act as well as under Sections 25(1-b), a/26 of the Arms Act. Allegation in brief is that two accused persons were apprehended travelling in a auto-rickshaw, one of the accused was found carrying two firearms and 8.550 Kgs. of Ganja and the petitioner was found carrying 4.168 Kgs. of Ganja in a bag. Learned counsel for the petitioner submits that the petitioner was a passenger in the auto-rickshaw and recovery is not made from his conscious possession and he is in custody for approximately one year; whereas learned counsel for the State

Patna High Court Cr.Misc. No.14624 of 2018(6) dt.03-05-2018 2/2 submits that the petitioner suppressed his criminal antecedent and only mentioned one criminal antecedent in his bail petition whereas the antecedent report called by the Court shows that he has four criminal antecedents excluding the present case and all cases are of serious nature of dacoity and robbery. However, learned counsel for the petitioner submits that by filing supplementary affidavit, after receipt of the report, the criminal antecedents of the petitioner were mentioned. Having considered the aforesaid facts and circumstances and conduct of the petitioner suppressing the criminal antecedent, the Court is not persuaded to grant bail to the petitioner, so the prayer of bail of the petitioner is presently rejected in connection with Korha PS Case No.125 of 2017 (G.R. Case No.1708 of 2017), pending in the court of learned Additional Sessions Judge-cum-Special Judge, Katihar with a direction to the trial court to expedite the trial. (Arun Kumar, J) S.KUMAR/- U T