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Patna High CourtCR. MISC./52891/2017dismissed

Basdeo Das v. The State Of Bihar

2017-11-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52891 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================

1. Basdeo Das Son of Babu Chand Das, Resident of Village-Dhobawal, P.S.-Baniapur, District-Chapra (Saran).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Braj Bhushan Mishra For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 Heard the parties.

This application is for grant of regular bail in connection with Special (NDPS) Case No.02 of 2017 arising out of Praharbal Nawada Case no.101 of 2017 for the offences punishable under Sections 20 (b) of the NDPS Act. Allegation against the petitioner is about recovery of 70 kg. Ganja from the vehicle and the petitioner was arrested on the spot.

Submission of the learned counsel for the petitioner is that he is driver of the vehicle and owner of the ganja was someone else and further there is no compliance of mandatory provisions of NDPS Act in this case and now he is in custody for nine months.

Patna High Court Cr.Misc. No.52891 of 2017 (2) dt.21-11-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, since the petitioner is in custody for nine months, the learned Special Judge is directed to expedite the trial preferably within a period of nine months.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T