Kundan Rajvansi @ Kundan Rajwansi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34529 of 2017 Arising Out of PS.Case No. -172 Year- 2016 Thana -SONAMANI District- ARRARIA ====================================================== KUNDAN RAJVANSI @ KUNDAN RAJWANSI, son of late Kadamlal Rajvansi Resident of Village- Hathibandha Bhatiganj, Police Station Farani, District Morang (Nepal).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rama Nand Poddar For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Special Case No. 40 of 2016, arising out of Sonamani Godam (Kursakata) P.S.Case No. 172 of 2016 registered for the offences punishable under Sections 22, 23 & 29 of N.D.P.S. Act. Allegation against the petitioner is of recovery of 900 grams of Heroin from his possession.

It has been submitted on behalf of the petitioner that there is no compliance of Section 50 of N.D.P.S. Act and further there is nothing available on record to show that the seized article was heroin and petitioner is in custody since 24.10.2016. Heard learned APP also.

Having heard both sides and in view of recovery of

Patna High Court Cr.Misc. No.34529 of 2017 (2) dt.28-07-2017 2/2 900 grams of heroin, which is prohibited under the N.D.P.S. Act and further appears that police team was also carrying the drug testing kids with them and thereafter the article was also sent to FSL for examination, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

Let the trial be expedited.

(Vinod Kumar Sinha, J) spal/- U