Patna High CourtCR. MISC./49975/2017disposed

Nitesh Kumar v. The State Of Bihar

2017-10-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49975 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Nitesh Kumar S/o Sri Chuman Mahto, R/o Village- Raghunathpur, P.S.- Ramgarhwa, District- Motihari, East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajoy Kumar Chakraborty For the Opposite Party/s : Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2017 Heard the learned counsel for the petitioner. The petitioner seeks regular bail in connection with Raxaul P.S. Case No. 20 of 2016 for the offences punishable under Sections 20, 22, 23 and 24 of the Narcotic Drugs and Psychotropic Substance Act.

The accusation against the petitioner is that while the petitioner was plying his auto rickshaw, he along with his auto was apprehended by the police and some narcotic items were recovered from a bag which was kept in the tool box. The learned counsel for the petitioner submits that the said narcotic drugs were small quantity and apart from the fact that the petitioner has no criminal antecedent, he is languishing in jail since 27.01.2017. It is further submitted that the petitioner is

Patna High Court Cr.Misc. No.49975 of 2017 (2) dt.17-10-2017 2/2 being kept in custody without verification of the fact as to whether the recovered material is narcotics or not.

I find from the record that charges have been framed and the matter has been put up for evidence. In such circumstances, I am not inclined to grant regular bail to the petitioner at the moment. The prayer for regular bail in connection with Raxaul P.S. Case No. 20 of 2016 pending in the court of learned Additional Sessions Judge, Motihari (East Champaran) is rejected.

It is further directed that the trial of the petitioner be expedited and completed within a period of six months from today. However, in case the trial is not concluded within six months from today, the petitioner will be at liberty to renew his prayer for bail.

(Mohit Kumar Shah, J) BTiwary/- U T