← Library
Patna High CourtCR. MISC./39974/2018rejected

Pravin Kumar v. The State Of Bihar

2018-09-18Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39974 of 2018 Arising Out of PS.Case No. -839 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Pravin Kumar, S/o Kapildeo Yadav, Resident of Village- Maheshpur, P.S.- Sangrampur, District- Munger.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.47294 of 2018 Arising Out of PS.Case No. -839 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Dharmendra Sah, Son of Rameshwar Sah @ Ram Ishwar Sah, resident of Village- Darihara Saraiya, P.S.- Dariyapur, District- Saran. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.39974 of 2018) For the Petitioner/s : Mr. Tarun Prasad, Adv. For the Opposite Party/s : Mr. Ajit Kumar, APP (In Cr.Misc. No.47294 of 2018) For the Petitioner/s : Mr. Ravi Prakash, Adv. For the Opposite Party/s : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-09-2018 Both criminal miscellaneous applications arising out of the same occurrence, as such they are heard together and are being disposed of by a common order.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

Patna High Court Cr.Misc. No.39974 of 2018 (3) dt.18-09-2018 2/2 The petitioners seek bail in Kotwali (Tilkamanjhi) P.S. Case No. 839/2017, registered for the offences punishable under Sections 8, 20(b)(ii)(c), 25 and 29 of the Narcotic Drugs and Psychotropic substance Act.

On secret information, the informant along with other police officials seized a truck loaded with 809 k.g. of Ganja contained in 73 pkts. Two persons were apprehended namely, Pravin Kumar petitioner no. 1 who is Cleaner and Dharmendra Sah petitioner no. 2 who is driver of the said truck. It has been submitted that petitioners have falsely been implicated in the case. Pravin Kumar disclosed the owner of Ganja namely, Ram Pravesh Rai @ Mama and name of the owner of truck Sunil Yadav.

Considering the fact that huge quantity of Ganja was recovered from the seized truck and both petitioners were apprehended on the spot, I am not inclined to enlarge the petitioners on bail. Accordingly, the same is rejected. However, trial court is directed to expedite the trial and conclude the same within one year from receipt of a copy of order passed by this court.

(S. Kumar, J) Vinita/- U T