Patna High CourtCR. MISC./45328/2014dismissed

Amit Kumar Singh v. The State Of Bihar

2015-03-04Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.45328 of 2014 (4) dt.04-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45328 of 2014 Arising Out of PS.Case No. -157 Year- 2014 Thana -ARA MUFFSIL District- BHOJPUR ======================================================

1. Amit Kumar Singh Son of Sahdeo Singh Resident of Village-Chitkund Bara, P.S.-Arra Muffasil, District-Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Dr.Rabindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-03-2015 Heard both sides.

The petitioner seeks regular bail in a case under section 20 of the N.D.P.S. Act.

It is alleged that from the house of the petitioner 10 kgs. 500 gms. Of Ganja was recovered.

It is submitted that the recovery was not from the conscious possession of the petitioner rather it was recovered from the house of the petitioner although the petitioner was not living in the said house. The seizure list witnesses have stated that the petitioner is living in another house situated 100 yards away from the house from where the Ganja was recovered. The house in question is a joint family property.

It appears from the seizure list that from the house

Patna High Court Cr.Misc. No.45328 of 2014 (4) dt.04-03-2015 of the petitioner 10 kg. 500 gms. Of Ganja was recovered. Hence, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the prayer for bail of the petitioner in connection with Arrah Mufassil P.S. Case No. 157/2014 pending in the court of the learned Special Judge, N.D.P.S. Act-cum-Sessions Judge, Bhojpur at Arrah is hereby rejected. The trial court is directed to expedite the trial and conclude the same within six months from the date of receipt/production of a cop of this order. If the trial is not concluded by then, the petitioner may renew his prayer for bail firstly before the trial court.

(Prabhat Kumar Jha, J) Amin/- U