Chhotu Kumar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43241 of 2016 Arising Out of PS.Case No. -138 Year- 2015 Thana -NAWINAGAR District- AURANGABAD ======================================================

1. Chhotu Kumar Yadav S/o Karamdeo Yadav

2. Naukej Kumar Patel S/o Raghuvir Singh Both R/o Village- Kanker, P.S.- Barem O.P., Navinagar, DistrictAurangabad. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-12-2016 Heard Sri Ashok Kumar Singh, learned counsel for the petitioners and Sri Manoj Kumar, learned Addl. Public Prosecutor.

Two petitioners, who are in custody in Navinagar P.S. Case No.138/15, G.R. No.6/15/7/15 registered for the offence under Sections 20B/23/25/27A/29 of the N.D.P.S. Act, have prayed for grant of bail.

It was submitted by learned counsel for the petitioners that the petitioners had taken lift in SCORPIO and subsequently after noticing the police, the driver of SCORPIO fled away and the petitioners were apprehended. It has been argued that the petitioners are innocent. However, he accepts that 85 Kg

Patna High Court Cr.Misc. No.43241 of 2016 (2) dt.13-12-2016 2/2 of Ganja was recovered from the aforesaid vehicle. Considering the nature of accusation as well as the provision contained in Section 37 of the N.D.P.S. Act, it would be difficult for this Court to extend the privilege of bail. Accordingly, the petition stands dismissed.

However, while dismissing the present petition, it is desirable to observe that the court below may take appropriate steps, so that the case may come to its logical end without unnecessary delay.

(Rakesh Kumar, J) NKS/- U T