Karthikeyan @ Kartikyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13614 of 2017 Arising Out of PS.Case No. -137 Year- 2016 Thana -MATIHANI District- BEGUSARAI ====================================================== KARTHIKEYAN @ KARTIKYAN, Son of Kumaravel @ Kumaravel Venkatachalam @ S.K.V. Kumaravel, resident of 6/1498, K.K. Nagar, 5th Street Lakshmi, Nagar Chittour, P.S.- Chittour, District- Irode, State- Tamil Nadu.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-03-2017 Heard the parties.

This application is for grant of bail in connection with N.D.P.S.Case No.18 of 2016 arising out of Matihani P.S.Case No.137 of 2016 for the offence under Sections 20, 22, 25, 25(a), 29 (I) of N.D.P.S. Act the Indian Penal Code. It is submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and up-till-now, report has not been received as to whether the seized article is 'Ganja' or not and the petitioner is in custody for about three months. The petitioner is a Driver of the vehicle only and it has been submitted that actually he was travelling with the rice and it is said that the seized article has been recovered from the

Patna High Court Cr.Misc. No.13614 of 2017 (2) dt.23-03-2017 2/2 Truck in a concealled box.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that a huge quantity of 'Ganja' has been recovered, I am not inclined to grant bail to the petitioner at this stage, however, the learned trial court is directed to expedite the trial and try to conclude it preferably within a period of one year and if not concluded, the petitioner is at liberty to move before the court concerned himself for bail, which will be considered on its own merit without being prejudiced by the order of this Court.

Further the S.P., Begusarai is directed to ensure presence of the witnesses on the date fixed by the learned court below so that the order of this Court may be complied within the period as specified.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U