Patna High CourtCR. MISC./56514/2024rejected

Deelip Ram v. The State Of Bihar

2024-08-09Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56514 of 2024 Arising Out of PS. Case No.-367 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Deelip Ram S/o- Radha Ram R/o- Maadhushareya Ps- manjhagarh DistGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Kuchaikote P.S. Case No. 367 of 2023 dated 19.07.2023, instituted for the offence punishable under Sections 8 (c), 21(c) of the NDPS Act.

3. The allegation is of recovery of 320 gm Smack like substance from the possession of the petitioner as well as 50 gm Brown Sugar like substance from the motorcycle bearing Registration No. BR 28 N 9572.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.56514 of 2024(3) dt.09-08-2024 2/3 case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and petitioner has wrongly been made accused in this case. It is further submitted that there is no independent witness to the seizure list. Lastly, it has been submitted that the petitioner is in custody since 20.07.2023, he has four criminal cases against him and charge-sheet has been submitted in the case.

5. Learned A.P.P. vehemently opposed the prayer for bail of the petitioner and submitted that there is recovery of 320 gm smack like substance from the possession of the petitioner which is much more than the small quantity. It is further alleged that there is also recovery of 50 gm Brown Sugar from the motorcycle of the petitioner.

6. Considering the fact that 320 gm smack as well as 50 gm Brown Sugar has been recovered from the petitioner, I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer of petitioner for grant of bail is rejected.

8. The Trial Court is directed to expedite the trial and take all endeavor to conclude the trial at the earliest, preferably, within a period of one (01) year from the date of receipt/production of a copy of this order. If the trial is not

Patna High Court CR. MISC. No.56514 of 2024(3) dt.09-08-2024 3/3 concluded within one year, the petitioner will be at liberty to renew his prayer for bail.

(Khatim Reza, J) Sankalp/- U T