Rahul Tiwari v. The Union Of India Through Directed Narcotics Control Bureau

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46329 of 2024 Arising Out of PS. Case No.-127 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Rahul Tiwari Son of Late Birendra Tiwari Resident of Vill- Banka khareya Rampur, P.S.- Kuchaikote, District- Gopalganj ... ... Petitioner/s

Versus

1.

The Union of India through Directed Narcotics Control Bureau Patna 2.

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

For the Petitioner/s :

Ms.Priya Raj For the UOI :

Mr. Parul Prasad For the State Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-07-2024 Heard the learned counsel for the parties.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 8, 20(b) (ii) of the N.D.P.S. Act, 1985, registered in connection with Gopalganj Town P.S.Case No. 127 of 2023 (NDPS Tr.No.44 of 2023).

3. As per allegation, 215 gms of charas was recovered from the pocket of the petitioner.

4. It has been submitted on behalf of the petitioner that he was arrested on suspicious. The quantity of charas recovered from the pocket of the petitioner is below the commercial quantity. It has also been submitted that Section

Patna High Court CR. MISC. No.46329 of 2024(3) dt.10-07-2024 2/2 100 of the CrPC has not been complied with.

5. On the other hand, the learned counsel for the State has submitted that the petitioner was arrested at the spot and 215 gms of charas was recovered from his pocket.

6. The trial is going on. Two witnesses have been examined and there is likelihood of conclusion of trial in the near future.

7. Considering the above facts and circumstances of the case, the court below is directed to conclude the trial within a period of six months.

8. If the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail.

9. With the aforesaid observation, the application stands disposed.

(Nawneet Kumar Pandey, J) HR/- U T