← Library
Patna High CourtCR. MISC./55679/2018rejected

Pintu Sah v. The State Of Bihar

2018-10-10Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55679 of 2018 Arising Out of PS.Case No. -191 Year- 2017 Thana -KHAJANCHI HAT District- PURNIA ====================================================== Pintu Sah son of Jagdish Sah resident of village Malobitta, P.S. Dagarua, District Purnea.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with K. Hat P.S. Case No. 191 of 2017 registered under Sections 20 and 22 of the N.D.P.S. Act.

6 Kg. Ganja is said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has been languishing in custody since 03.04.2017. Earlier, the bail prayer of the petitioner was rejected vide order dated 22.08.2017 directing the learned court below to conclude the trial within six

Patna High Court Cr.Misc. No.55679 of 2018 (3) dt.10-10-2018 2/2 months, but the trial has yet not been concluded. Hence, the petitioner deserves bail.

On perusal of the record, it appears that 6 Kg. Ganja was recovered from the possession of the petitioner and learned lower court has reported that the case is fixed for defence evidence.

In the facts and circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer is rejected. Learned court below is directed to dispose of the case as expeditiously as possible preferably within a period of two months from the date of receipt/production of a copy of this order and petitioner is expected to extend all sorts of cooperation in conclusion of the trial.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T