Patna High CourtCR. MISC./55610/2022rejected

Tarkeshwar Bharti v. The State Of Bihar

2023-03-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55610 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- JALALPUR District- Saran ====================================================== Tarkeshwar Bharti Son Of Shri Janardan Bharti R/O Village- Sakaddi Bharti Tola, P.S.- Jalalpur, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navendu Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 20(b)(ii)(C) of the N.D.P.S. Act.

There is recovery of 60 kgs of Ganja from the Dalan of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The recovery has been made from the Dalan of the petitioner

Patna High Court CR. MISC. No.55610 of 2022(3) dt.20-03-2023 2/2 which is situated at some distance of the house of the petitioner where several persons used to come. The petitioner is languishing in custody since 13.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that recovery has been made from the Dalan of the petitioner and the recovery is of commercial quantity under the N.D.P.S Act.

Considering the facts aforesaid, this Court is not inclined to grant privilege of bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same expeditiously.

(Sunil Kumar Panwar, J) Shageer/- U T