Ramashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40679 of 2015 Arising Out of PS.Case No. -99 Year- 2015 Thana -BODHGAYA District- GAYA ====================================================== Ramashish Kumar S/o Prayag Yadav resident Village - Ramna Chak, P.S. - Bodh Gaya, District - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Shyam Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 18, 20, 22, 25 (A) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

Allegation against the petitioner is that 6 kg. opium in liquid form has been recovered from the possession of the petitioner.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 27.3.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. It has been submitted that 6 kg. liquid opium is said to have been recovered from the conscious possession of the petitioner though there has been no compliance of Section 50 of the Narcotic Drugs and Psychotropic Substances Act.

On behalf of the State, it is submitted that there is recovery of contraband substance from the possession of the

Patna High Court Cr.Misc. No.40679 of 2015 (3) dt.21-12-2015 2 / 2 petitioner.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. Any how, the court below, i.e., learned Sessions Judge, Gaya, is directed to expedite the trial in connection with Bodh Gaya P. S. Case no. 99 of 2015 and conclude the same preferably within a period of one year from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) sudip/- U T