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Patna High CourtCR. MISC./18992/2018rejected

Satto Mandal @ Bhookhmari Mandal @ Bookhmari Mandal And ANR v. The Union Of India Through D. R. I. Patna

2018-07-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18992 of 2018 Arising Out of PS.Case No. -21 Year- 2017 Thana -D.R.I District- PATNA ======================================================

1. Satto Mandal @ Bhookhmari Mandal @ Bookhmari Mandal Son of late Ramchandra Mandal

2. Vijay Roy Son of late Bijen Roy Both Resident of Village- Bhola More, Jamuribhita Dabgram, Hat, P.S. Bhaktinagar, District- Jalpaiguri(West Bengal).

.... .... Petitioner/s

Versus

1. The Union of India Through D. R. I. Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Ram Prasad, Adv For the Union of India : Mr. Manoj Kumar Singh (C.G.C.) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 20(b)(1),23,25 and 29(1) of the N.D.P.S.Act.

According to FIR, 45.500 Kgs of Ganja was recovered from beneath the berth of the train on which the petitioners and co-accused Littu Das @ Litu Das were travelling. It is said that the recovered contraband was of the petitioners. Petitioners are in custody since 05.03.2017. It appears that this Court had refused prayer for bail to co-accused-Littu Das @ Litu Das with direction to

Patna High Court Cr.Misc. No.18992 of 2018 (5) dt.30-07-2018 2/2 the learned Trial Court to expedite the trial. The Union of India was also directed to produce the prosecution witnesses before the learned Trial Court on the date fixed for hearing of the case.

Considering the nature of allegation against the petitioners, I am not inclined to enlarge them on bail in connection with Special Case No.39 of 2017 (arising out of Enq. No.06 of 2017, DRI, Unit Case No.21 of 2016-17) pending in the court of learned Additional Sessions Judge-X, Patna/successor court.

Hence, prayer for bail is refused.

However, the directions in Cr.Misc.No.7611 of 2018 vide order dated 08.05.2018 shall be applicable in the matter of petitioners also.

(Birendra Kumar, J) Nitesh/- U T