Patna High CourtCR. MISC./1997/2016dismissed

Gautam Kumar v. The State Of Bihar

2016-03-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1997 of 2016 Arising Out of PS.Case No. -59 Year- 2015 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Gautam Kumar Son of Late Hari Shankar Prasad Yadav Resident of Village- Kummar Chakki, Rahimpur, P.S.- Mufassil, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Smt. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-03-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 1.12.2015 in a case registered for the offences punishable under Sections 20,22,23 and 25 of the NDPS Act.

It is alleged that from an abandoned Bolero vehicle 25 Kgs. Ganja were recovered. The vehicle was found registered in the name of the petitioner.

It is submitted by the learned counsel for the petitioner that there is nothing on record to suggest that the petitioner was present in the vehicle. The vehicle was hired by Raja Yadav and Shankar Yadav. The driver of the vehicle was Shravan who has been granted bail vide Cr. Misc. No. 28779 of 2015 by a coordinate bench of this court on the ground that he was not found

Patna High Court Cr.Misc. No.1997 of 2016 (3) dt.02-03-2016 2/2 present in the vehicle. Seizurelist witnesses are not local people rather they are police personnels. .

Be that as it may, considering the commercial quantity of recovery and the vehicle being found registered in the name of the petitioner, this court is not inclined to grant bail to the petitioner at present in connection with Sahebpur Kamal P.S. Case No. 59 of 2015 pending in the court of learned Additional Sessions Judge I cum Special Judge, Begusarai. This application is, accordingly, dismissed. However, let the trial be expedited.

(Dinesh Kumar Singh, J) Anil/- U T