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Patna High CourtCR. MISC./48472/2019dismissed

Aakash Kumar v. The State Of Bihar

2019-08-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48472 of 2019 Arising Out of PS. Case No.-261 Year-2018 Thana- DAGARUA District- Purnia ====================================================== AAKASH KUMAR S/o Madan Yadav @ Madan Singh R/o villageRatandularpur, P.S.- Ara Mufassil, District- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through N.C.V. Ministry of Home Affairs, Govt. of India India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Kumar For the Opposite Party/s :

Mr.Nityanand For U.O.I.

:

Mrs Shail Kumari, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 8, 20(b)(ii)(c) and 25 of N.D.P.S. Act. The prosecution case in short is that 205 kg ganja has been recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.12.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been made accused due to mistake of fact. 205 kg ganja is alleged to have

Patna High Court CR. MISC. No.48472 of 2019(2) dt.06-08-2019 2/2 been recovered. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The alleged recovered quantity is above the commercial quantity. In the light of the provisions of Section 37 of the N.D.P.S. Act, the petitioner is not entitled for bail.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner in connection with Special Case No. 22 of 2018/CIS No. 22 of 2018 (NDPS Act) arising out of Dagarua P.S. Case No. 261 of 2018. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of none months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Pankaj/- U T