Subhash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12934 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -JAKKANPUR District- PATNA ======================================================

1. Subhash Rai, S/o Harendra Rai, Resident of Village- Chainpura, P.S.- Raghopur, District- Vaishali.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dhirendra Kumar Sinha, Adv. For the Opposite Party : Mr. Ramchandra Singh, APP 51 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-05-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act.

From the bag of this petitioner five kilogram of ganja was recovered and the petitioner has sated on oath that he has got no criminal antecedent and is in custody since 09.01.2017.

Submission of the petitioner is that though the police has submitted reported under Section 173 of the Criminal Procedure Code, still the investigation has been kept pending for receipt of the report of Forensic Science Laboratory, Kolkata. The case diary would not reveal that any sample was taken from the recovered articles or the

Patna High Court Cr.Misc. No.12934 of 2017 (3) dt.01-05-2017 2/2 same was sealed and packed and sent for chemical examination. In the circumstances, everything is apparently doubtful.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail.

The prayer for bail is refused.

However, the petitioner shall be at liberty to renew prayer for bail, if the trial is not concluded within nine months, from the date of receipt of this order. (Birendra Kumar, J) SA/- U √ T √