Munna Rai @ Munna Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62270 of 2019 Arising Out of PS. Case No.-82 Year-2018 Thana- BACHHWARA District- Begusarai ====================================================== MUNNA RAI @ MUNNA RAY Son of Late Sahdeo Rai Resident of Village - Rupaswaj, P.S.- Bachhwara, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bachhwara P.S. Case No. 82/2018 instituted for the offences under Sections 20 and 22 of the N.D.P.S. Act.

The prosecution case in short is that 32 kg. ganja was has been recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.5.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been made accused due to mistake of fact. 30 kg ganja is alleged to have been recovered from the dilapidated house belonging to the

Patna High Court CR. MISC. No.62270 of 2019(2) dt.07-11-2019 2/2 petitioner. The recovery is not from the conscious possession of the petitioner. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The alleged recovered quantity is above the commercial quantity. In the light of the provisions of Section 37 of the N.D.P.S. Act, the petitioner cannot be granted bail. The recovery is made from the constructive possession of the petitioner.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within one year from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Pankaj/- U T