Ram Prasad Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13915 of 2017 Arising Out of PS.Case No. -166 Year- 2016 Thana -KURSAKANTA District- ARRARIA ====================================================== Ram Prasad Sah, Son of Late Chulhai Sah, Resident of Village:- Kuwari, P.S.:- Kursakanta, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Union of India, through the Assistant Deputy Commandant, S.S.B., Bathnaha Camp, P.S.:- Jogbani, Bathnaha Camp, District- Araria (Bihar). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ambika Bhagat Mr. Sudhir Kumar Singh For the Opposite Party/s : Mr. Manoj Kr.Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-03-2017 Heard the parties.

This application is for grant of bail in connection with Spl. Case No.39 of 2016 arising out of Kursakanta (Kuwari) P.S.Case No.166 of 2016 the offence under Sections 8 and 20(B)(ii)(B) N.D.P.S. Act, 1985.

It is submitted on behalf of the petitioner that the recovery is not from the house of the petitioner rather from the back side of the toilet of the petitioner and the petitioner is in custody since 11.11.2016.

Heard learned A.P.P. also, who has opposed the prayer for bail, stating that the petitioner has criminal antecedent also, which will appear from Para 3 of the petition and there is recovery of 10

Patna High Court Cr.Misc. No.13915 of 2017 (2) dt.24-03-2017 2/2 kg. of Ganja.

Having heard both sides and in view of fact that there is recovery of 10 kg. of Ganja, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner is in custody for the last four months, the learned Special Judge is directed to expedite the trial and try to conclude it within a period of one year. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U