Munna Sah @ Chandan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27213 of 2018 Arising Out of PS.Case No. -79 Year- 2017 Thana -KORANSARAI District- BUXAR ======================================================
1. Munna Sah @ Chandan Sah son of Late Bisun Dev Prasad @ Vishnu Dev Prasad R/o Vill - Koransarai, P.S. Koransarai, Dist. - Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 20 (B) (II)(C)/22/27(A)/29 of the N.D.P.S. Act and Section 47 (a) of the Bihar Prohibition and Excise Act, 2016.
3.300 kgs. of Ganja is said to have been recovered from the house of the petitioner and petitioner absconded. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner was not apprehended on the spot. The house of the petitioner is inhabited by his several family members and he had no knowledge of
Patna High Court Cr.Misc. No.27213 of 2018 (03) dt.11-07-2018 2/ 2 keeping the said Ganja in the house. He has no criminal antecedent and has been languishing in custody since 04.04.2018. On the other hand, learned APP for the State vehemently opposing the bail prayer has submitted that huge quantity of Ganja has been recovered from the house of the petitioner, hence he does not deserve for bail. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. However, the learned lower Court is directed to conclude the trial as expeditiously as possible preferably within a period of six months from the date of receipt/ production of a copy of this order.
(Prakash Chandra Jaiswal, J) Trivedi/- U T