Shakeel Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59867 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== SHAKEEL KHAN Son of Late Salim Khan Resident of Village - Karisath, P.S.- Udwantnagar (Gajraj Ganj), District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ataul Haque For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in N.D.P.S. case No.02 of 2019 arising out of Barachatti P.S. case No.11 of 2019 registered under Sections 8/20 (b) (ii) (c)/25/29 of N.D.P.S. Act, pending in the court of Sessions Judge-cum-Special Judge, Gaya. Allegation is that 57.500 kgs of ganja is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.1.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. 57.500 kgs of ganja is alleged to have been recovered. There is no compliance of Sections 42 and 50

Patna High Court CR. MISC. No.59867 of 2019(2) dt.24-09-2019 2/2 of N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the khalasi of the vehicle in question. 57.500 kgs of ganja is alleged to have been recovered. Same is more than commercial quantity. The petitioner is not entitled for bail as per Section 37 of N.D.P.S. Act.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T