Arjun Patel v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32985 of 2016 Arising Out of PS.Case No. -105 Year- 2016 Thana -SONBERSA District- SITAMARHI ====================================================== Arjun Patel, son of Bharat Patel, Resident of Village- Sonbarsa, P.S.- Sonbarsa, Ward No.5, District- Sitamarhi.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Union of India through the D.G.P. S.S.B; Bihar, Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-11-2016 Heard Sri Alok Kumar Alok, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 27.05.2016, has prayed for grant of bail in Sonbarsa P.S. Case No.105/2016 registered for the offence under Sections 20/22/23 of the N.D.P.S. Act.

It was submitted by learned counsel for the petitioner that recovery of Ganja, which is below of commercial quantity, was shown from the joint possession of the house of the petitioner. He submits that the petitioner has falsely been implicated in this case. However, learned Addl. Public Prosecutor submits that the F.I.R. itself indicates that besides recovery of

Patna High Court Cr.Misc. No.32985 of 2016 (3) dt.17-11-2016 2/2 Ganja, weighing 9.200 Kg, information was received that it was kept for selling. Meaning thereby that the petitioner was involved in trafficking of seized article.

In view of condition imposed in Section 37 of the N.D.P.S. Act, it is difficult for this Court to pass favorable order. Accordingly, the prayer for bail of the petitioner stands rejected. Since the petitioner is in custody since 27.05.2016, while dismissing the present petition, it is desirable to observe that the learned court below may take appropriate steps for early disposal of the case.

(Rakesh Kumar, J) NKS/- U T