Patna High CourtCR. MISC./10097/2018rejected

Dinanath Ray v. The State Of Bihar

2018-03-28Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10097 of 2018 Arising Out of PS. Case No.-34 Year-2017 Thana- KALYANPUR District- Samastipur ====================================================== Dinanath Ray S/o Late Satyanarayan Ray, R/o Village- Tira Jatmalpur, P.S.- Kalyanpur, District- Samstipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Sunil Kumar Pathak For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 34 of 2017 registered under Sections 8, 20(b) II (B), 22, 25, 29 of N.D.P.S. Act.

The petitioner is said to have loaded 4 Kg. of ganja in his auto after unloading from a truck and the said ganja was recovered from his auto by the police and petitioner was apprehended while co-accused namely, Hari Narayan Yadav @ Hira Lal managed to escape.

It is submitted by learned counsel for the petitioner that the petitioner happens to be mere driver of the said auto. He has no concern with the seized ganja rather the

Patna High Court Cr.Misc. No.10097 of 2018(3) dt.28-03-2018 2/2 seized ganja is hailing to Hari Narayan Yadav @ Hira Lal, who managed to escape and said Hari Narayan Yadav @ Hira Lal has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 13.03.2018 passed in Cr. Misc. no. 63019 of 2017. The petitioner has been languishing in custody since 16.03.2017. He has no criminal antecedent.

Considering the recovery of aforesaid quantity of contraband from the auto of the petitioner and the trial is at the fag end of its conclusion as all the witnesses barring I.O. have been examined by the prosecution, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, his prayer is rejected.

However, learned lower court is directed to dispose of the case, as expeditiously as possible, positively within three months, from the date of receipt/production of a copy of this order.

(Prakash Chandra Jaiswal, J) rohit/- U T