Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7696 of 2015 Arising Out of PS.Case No. -26 Year- 2014 Thana -RAXAUL District- EAST CHAMPARAN(MOTIHARI) ====================================================== Ashok Kumar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar No.III, Advocate. For the Opposite Party : Mr. Shardanand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 15.01.2014 in a case registered for the offences punishable under Sections 20, 22, 23 and 24 of the N.D. P.S. Act.

F.I.R. named accused persons including the petitioner were travelling on a motorcycle when 05.50 Kgs. of Charas were recovered.

It is submitted by learned counsel for the petitioner that recovery can not be treated from possession of the petitioner. A statement has been made in paragraph no. 3 of the petition that the petitioner has no criminal antecedent.

Considering recovery of contraband much more than commercial quantity, this Court is not

Patna High Court Cr.Misc. No.7696 of 2015 (2) dt.12-03-2015 2 / 2 inclined to interfere. The prayer for bail of the petitioner is rejected in connection with N.D.P.S. Case No. 11 of 2014, arising out of Raxaul P.S. Case No. 26 of 2014, pending in the court of the learned Ist Additional Sessions Judge, East Champaran at Motihari.

Let the trial be expedited.

U.K./- (Dinesh Kumar Singh, J) U T