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Patna High CourtCR. MISC./56392/2015dismissed

Tanvir v. The State Of Bihar

2016-01-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56392 of 2015 Arising Out of PS.Case No. -547 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== Tanvir Son of Abul Hasan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Ziaul Quamar, Advocate For the Opposite Party/s : Mr. R.P.S Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2016 Heard learned counsels for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 29th October, 2015 in a case registered for the offences punishable under sections 20,22,25 and 29 of the NDPS Act in connection with Araria (RS) P.S. Case No.547/2015 (Special Case No.15/2015), pending before the learned District Judge (Special Judge), Araria.

Informant being the Assistant Commandant of S.S.B. went to the grocery shop of the petitioner and pretended to be a bona fide purchaser of 'ganza' when the petitioner handed over a bag containing 10 k.gs. of 'ganja' but it was actually found to be 6 k.gs.

It is submitted by learned senior counsel for the

Patna High Court Cr.Misc. No.56392 of 2015 (4) dt.22-01-2016 2/2 petitioner that the recovery is between the small commercial quantities but it is lying more towards the small quantity. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the fact that the petitioner has been found selling contraband, this court is not inclined to grant bail to the petitioner at present. Accordingly, the application for bail on behalf of the petitioner is rejected.

However, if the trial will not be concluded within a period of one year, the petitioner would be at liberty to renew the prayer for bail.

(Dinesh Kumar Singh, J) Ashwini/- U T