Patna High CourtCR. MISC./15557/2016dismissed

Abinash Mandal v. The State Of Bihar

2016-05-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15557 of 2016 Arising Out of PS.Case No. -264 Year- 2015 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Abinash Mandal Son of Ajit Mandal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Singh, Advocate For the Opposite Party/s : Mr. J. N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2016 Heard learned counsels for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 11.09.2015 in a case registered for the offences punishable under section 20, 22 and 23 of the NDPS Act, in connection with Special Case No.108/2015, arising out of Bahadurganj P.S. Case No.264 of 2015, pending before the learned Special Judge, Kishanganj.

Prosecution case as alleged by the SHO of Bahadurganj police station is to the effect that on secret information the police intercepted a car when the accused persons including the petitioner tried to flee away but they were apprehended. On search, from the possession of the petitioner several mobile phones were recovered and from the dicky of the

Patna High Court Cr.Misc. No.15557 of 2016 (2) dt.18-05-2016 2/2 car 150 kilograms of 'ganja' containing in 27 packets were recovered.

It is submitted by learned counsel for the petitioner that the petitioner was simply a passenger in the vehicle in question and he was not aware about the 'ganja' being kept in the car. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the commercial quantity of recovery from the car in which the petitioner was also present, 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. It is expected from the learned Court below to expedite the trial.

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