Pukhraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54551 of 2023 Arising Out of PS. Case No.-116 Year-2021 Thana- AMAS District- Gaya ====================================================== Pukhraj Son Of Daula Ram Village- Bisnoi Ki Dhani Panchala Sidha PsTehsil Khivsar Dist- Nagour Rajasthan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Amas P.S. Case No. 116 of 2021 instituted for the offence under Sections 8 and 15(c) of the NDPS Act.

Prosecution case relates to recovery of 1394.5 kg of Doda like intoxicating substance from a truck bearing Reg. No. RJ-21-GA-3455 and this petitioner along with one other coaccused person was arrested on spot. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.05.2021.

Patna High Court CR. MISC. No.54551 of 2023(4) dt.28-11-2023 2/2 Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in FIR and the alleged recovery is more than commercial quantity as per NDPS Act. The petitioner was apprehended on spot by the police.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

From perusal of the trial Court report, it is mentioned that the trial will be concluded within eight months. The trial court is directed to conclude the trial within the stipulated period of time as mentioned in its report failing which the petitioner will be at liberty to renew his prayer for bail application.

(Sunil Kumar Panwar, J) Shubham/- U T