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Patna High CourtCR. MISC./36794/2014rejected

Santosh Kumar Singh @ Babalu v. The State Of Bihar

2015-08-03Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21742 of 2014 Arising Out of PS.Case No. -120 Year- 2013 Thana -BIHIYA District- BHOJPUR ====================================================== Sunil Singh, S/o Jai Narayan Singh, resident of Village Makhdumpur, P.S. Bihiya, District Bhojpur.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.36794 of 2014 Arising Out of PS.Case No. -120 Year- 2013 Thana -BIHIYA District- BHOJPUR ====================================================== Santosh Kumar Singh @ Babalu, Son of Sri Sriram Singh, resident of village- Chakwath, P.S.- Bihiya, District- Bhojpur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.43115 of 2014 Arising Out of PS.Case No. -120 Year- 2013 Thana -BIHIYA District- BHOJPUR ====================================================== Kamlesh Ram, son of Ram Pravesh Ram, resident of village-Makdumpur, P.S.-Bihiya, District-Bhojpur.

.... .... Petitioner

Versus

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

(In all the cases) For the Petitioner/s : Mr. Vindhkeshari Kumar, Sr. Advocate For the Opposite Party/s : Mr. Ashok Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-08-2015 All these applications arise out of Bihiya P.S. Case No.120 of 2013 for the offence punishable under Sections 20 and 22 of the

Patna High Court Cr.Misc. No.21742 of 2014 (16) dt.03-08-2015 2/2 N.D.P.S. Act, as such, they have been heard together and are being disposed of by this common order.

The allegation against the petitioners is to have recovered 60 Kg. of Ganja contained in three plastic bags from the Naino vehicle in which the petitioners were the occupants and the petitioner Santosh Kumar Singh was driving the vehicle. It is submitted that the petitioners have been falsely implicated in this case. Nothing has been recovered from their possession. The owner of the vehicle is still not identified and the petitioner Santosh Kumar is driver of the vehicle. The learned counsel for the State submits that after investigation, the case has been found true and accordingly, charge sheet was submitted against the petitioners. The charges were framed against them and the trial is going on as per the report of the learned trial court that two witnesses have already been examined. Considering the facts and circumstances of the case, in my opinion, the petitioners do not deserve bail at this stage. Their prayer for bail is rejected.

Let the trial be expedited.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T