Manoj Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 30949 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ====================================================== Manoj Giri S/o Kamdeo Giri, resident of village- Masahi, P.S. Majorganj, District-Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Subodh Kumar Jha Mr. Roshan Kumar Mishra For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

21-11-2016 Heard Sri Subodh Kumar Jha, learned counsel, who was assisted by Sri Roshan Kumar Mishra, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner, who is in custody since 11-05-2016, has prayed for grant of bail in Majorganj (Suppi) P.S. Case No. 48 of 2016 registered for offence under Sections 8/20 (B) (II) (B) of Narcotic Drugs & Psychotropic Substances Act, 1985. It was submitted by learned counsel for the petitioner that alleged Ganja was not recovered from the premises of the petitioner, rather it was recovered from the house of the son, who has solemnized inter-caste marriage and residing separately. However, in the F.I.R., there was specific material to show that petitioner was indulged in sale of Ganja and after that

Patna High Court Cr.Misc. No.30949 of 2016 (4) dt.21-11-2016 2/2 information, a raid was conducted. At the time of raid, petitioner fled away, however; one of the accused person was arrested. It is true that the recovered Ganja was about 11.5 kg, which according to learned counsel for the petitioner, is not commercial quantity, but since there is allegation that petitioner was indulged in trafficking of the Ganja, there is no reason to extend the privilege of bail.

The petition stands dismissed.

Keeping in view the fact that petitioner is in custody, while dismissing the petition, it is desirable to observe that learned court below may take appropriate steps so that the case may come to its logical end without unnecessary delay (Rakesh Kumar, J.) Anay U T