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Patna High CourtCR. MISC./53570/2016rejected

Shekh Naushad v. The State Of Bihar

2017-02-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53570 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -SRI NAGAR District- MADHEPURA ======================================================

1. Shekh Naushad, Son of Late Sekh Gaffar, Resident of VillageMangalwara, Tola Rahta, Police Station- Shri Nagar, DistrictMadhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody in connection with Special Case No. 21 of 2016 for the offences punishable under Sections 20/22 of the N.D.P.S. Act.

From the house of this petitioner more than ten kilograms of ganja was recovered by the police. Submission of the petitioner is that petitioner is in custody since 26.08.2016 having no criminal antecedent. The house is in occupation of other person also and up till now there is no forensic report regarding the identity of the seized narcotic drug.

Considering the nature of allegation against the

Patna High Court Cr.Misc. No.53570 of 2016 (3) dt.21-02-2017 2/2 petitioner, I am not inclined to enlarge the petitioner on bail for the present. The bail prayer of the petitioner is refused. If the trial is not concluded within one year from the date of receipt of a copy of this order, the petitioner may renew the prayer for bail. In the meantime, the Director, Bihar Forensic Science Laboratory, Patna, be informed for submission of expeditious report in the matter.

(Birendra Kumar, J) Mkr./- U T