Aakash Kuamr v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41726 of 2022 Arising Out of PS. Case No.-261 Year-2018 Thana- DAGARUA District- Purnia ====================================================== AAKASH KUAMR Son of Madan Yadav @ Madan Singh Resident of village- Ratandulapur, P.O- Ratanpur, P.S- Ara Mufassil, District- Bhojpur Ara ... ... Petitioner
Versus
1.
The State of Bihar 2.
The Union of India, through N.C.V. Ministry of Home Affairs, Govt. of India Bihar ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Amrendra Narayan Rai, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP For the Union of India : Mr. Uma Shankar Verma, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2022 Heard learned counsel for the petitioner and the State. Four weeks' time is granted to the counsel for the petitioner to remove the defect(s) as pointed out by the office. The petitioner seeks bail in a case registered for the offence under Sections-8/20(b)(ii)(c)/25 of the NDPS Act. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the recovered quantity of Ganja was above the commercial quantity and under the provisions of Section-37 of N.D.P.S. Act, the petitioner was not entitled for bail.
A report was called for from the trial court. It has been reported that the case is awaited for FSL
Patna High Court CR. MISC. No.41726 of 2022(3) dt.21-09-2022 2/2 report and the trial is likely to be concluded within a period of three months.
Considering the nature of accusation and stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Spl. Case No. 22 of 2018/CIS No. 22 of 2018(NDPS Act) arising out of Dagarua P.S. Case No. 261 of 2018 is rejected. The Director, Forensic Science Laboratory, Patna is directed to take immediate steps to get FSL report communicated to the trial court so that the trial could be concluded within the stipulated period of three months. Let a copy of this order be communicated to the Director, Forensic Science Laboratory, Patna for needful. (Sudhir Singh, J) A.K.V.//- U T