Shailesh Khurwar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60674 of 2017 Arising Out of PS.Case No. -65 Year- 2017 Thana -BARAUNI RAIL P.S. District- BEGUSARAI ======================================================
1. Shailesh Khurwar, Son of Late Ramesh Khurwar, Resident of VillageRaiganj, P.S.- Kotwali Gajipur + District- Gajipur (U.P.).
2. Mannu Kumar @ Mannu Kharwar, Son of Late Narmdeshwar Khurwar, Resident of Gram Kajipur Siraz, P.S.- Muhammadabad, Dist.- Gajipur, (U.P.).
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Dular Sah, Adv. For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered for the offences punishable under Sections 20/22 of the N.D.P.S. Act. About 41 Kg of Ganja was allegedly recovered from possession of the petitioner No.1. 39 Kg of Ganja was also allegedly recovered from possession of the petitioner No.2. The petitioners are physically challenged person and they were travelling in the bogie of the train which was reserved for Divyangs.
Submission of the learned counsel for the petitioners is false implication and no recovery from
Patna High Court Cr.Misc. No.60674 of 2017 (3) dt.12-02-2018 conscious possession. Petitioners are in custody since 19.04.2017. Considering the aforesaid material against the petitioners, I am not inclined to enlarge them on bail in connection with Barauni Rail Police Station Case No. 65 of 2017 pending in the court of learned Additional Sessions Judge-I-cum-Special Judge, N.D.P.S. Act, Begusarai/successor court. Hence, prayer for bail is refused.
However, the learned trial court is directed to conclude the trial within nine months from the date of receipt of a copy of this order.
(Birendra Kumar, J) Nitesh/- U T