Jabiullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38619 of 2014 Arising out of PS.Case No. -7 Year- 2014 Thana -MOTIHARI TOWN District- EAST CHAMPARAN(MOTIHARI) ====================================================== Noor Alam, Son of Late Sk. Shah Mohammad, resident of Village - Masahi, P.S. - Chhauradano, District - East Champaran, Bihar. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== with Criminal Miscellaneous No.38758 of 2014 Arising Out of PS.Case No. -7 Year- 2014 Thana -MOTIHARI TOWN District- EAST CHAMPARAN(MOTIHARI) ====================================================== Jabiullah, Son of Seikh Majid, resident of village- Masahi, P.S.- Chhauradano, District- East Champaran.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.38619 of 2014) For the Petitioner : Mr. Vijay Shankar Shrivastava, Advocate. For the Opposite Party : Mr. T.N.Thakur (App) (In Cr.Misc. No.38758 of 2014) For the Petitioner : Mr. Ram Adya Singh, Advocate. For the Opposite Party : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2015 Since both the cases arise out of Motihari Town P.S. Case No. 07 of 2014, a common order is being passed in both the cases.
The petitioners are languishing in custody since
Patna High Court Cr.Misc. No.38619 of 2014 (5) dt.16-07-2015 2/3 07.01.2014 in connection with NDPS Case No. 07/2014, arising out of Motihari Town P.S. Case No. 07/2014 for the offences instituted under Sections 20 and 22 of the NDPS Act. Heard learned counsel for the petitioners and learned counsel for the State.
It is alleged that from possession of petitioners, nine packets and one packet respectively suspect article which is said to be 'Charas' were recovered.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 07.01.2014.
FSL report was called for. The same has been received. From perusal of the FSL report it appears that the recovered contraband is said to be Charas. It is further relevant to point out that the total Charas is said to have been recovered from accused persons is 10 Kg.
On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioners. The same is rejected in NDPS Case No. 07 of 2014, arising out of Motihari Town P.S. Case No. 07 of 2014, pending in the court of the learned Special Judge-cum-Ist Additional Sessions Judge, East Champaran at
Patna High Court Cr.Misc. No.38619 of 2014 (5) dt.16-07-2015 3/3 Motihari.
The learned Trial Court is directed to expedite the trial and conclude the same within a period of nine months from the date of receipt/production of copy of this order. U.K./- (Sudhir Singh, J) U T