Patna High CourtCR. MISC./18060/2017dismissed

Rajnish Kumar @ Raja Babu v. State Of Bihar And ANR

2017-04-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18060 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -MANIHARI District- MUZAFFARPUR ====================================================== Rajnish Kumar @ Raja Babu, son of Birendra Kishore Singh @ Tuntun Singh, resident of Village- Balara Kishun, P.S.- Maniyari, DistrictMuzaffarpur. .... .... Petitioner

Versus

The Union of India through Assistant Commissioner, Narcotics, Patna.

2. The State of Bihar.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Ms. Bela Singh, Advocate For Union of India : Mr. Ram Anurag Singh, Advocate For the Opposite Party/s : Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Maniyari P.S.Case No. 09 of 2017 registered for the offences punishable under Sections 399, 402, 414, 120B of the Indian Penal Code and 25(1 b) a, 26(ii), 35 of the Arms Act, including Sections 20 & 22 of Narcotic Drugs and Psychotropic Substance Act, 1985. Petitioner is not named in the FIR and on the basis of his confessional statement, 50 bags of pulse, each containing 50 kg., were recovered from the house of one Vijay Das. It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and in connection with this case another case under Section 392 IPC bas

Patna High Court Cr.Misc. No.18060 of 2017 (2) dt.19-04-2017 2/2 been lodged against the petitioner and except that he is accused in one more case under Section 379 IPC.

Heard learned APP and learned counsel for Union of India also, who have opposed the prayer for bail stating that on his confessional statement huge quantity of pulse has been recovered. Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. Prayer for bail is rejected. However, as the petitioner is in jail, learned trial court is directed to expedite the trial and try to conclude the same within a period of nine months.

(Vinod Kumar Sinha, J) spal/- U