Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33 of 2017 Arising Out of PS.Case No. -210 Year- 2016 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================
1. Kundan Kumar, Son of Arjun Sharma @ Arjun Kumar, resident of village - Bhawani Tola, P.S. Maner, Distt. Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. Mr. Devendra Prasad Singh Ms. Uma Kumari For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-03-2017 Heard both sides.
The petitioner seeks bail in Nokha P.S. Case No. 210/2016, registered for the offences punishable under Sections 8(c), 20(B), 22, 27(A) and 29 of the N.D.P.S. Act. The police intercepted a vehicle bearing Registration No. DL 3CAJ 5108 from which two persons, namely, Kundan Kumar, the petitioner and Sanjay Kumar were arrested. Govinda Kumar is said to have fled away from there. The petitioner was driver of the vehicle and from the vehicle 8 packets, each containing 2kg ganja, were recovered.
Sri Ajay Kumar Thakur, learned counsel for the petitioner submits that 16 kg of ganja were recovered from the
Patna High Court Cr.Misc. No.33 of 2017 (3) dt.02-03-2017 2/2 vehicle and for that the petitioner is in jail since 31.08.2016. The recovered ganja is less than commercial quantity for which punishment is up to two years.
Considering the facts aforesaid and the fact that of course 16 kg ganja, which is less than commercial quantity, were recovered from possession of the petitioner, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.
The trial court is directed to expedite the trial and conclude the same within six months. If the trial is not concluded within stipulated period, the petitioner may renew his prayer for bail after six months.
(Prabhat Kumar Jha, J.) Rakhi U T