Patna High CourtCR. MISC./25580/2017dismissed

Nitish Kumar v. The State Of Bihar

2017-06-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25580 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -PATNA GRP CASE District- PATNA ======================================================

1. Nitish Kumar Son of Late Biltu Rai, Resident of Village- Mirampur Mohanpur, Panchayat, P.S.- Raghopur, District- Baishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2017 The petitioner seeks regular bail in connection with Special Case No. 07/2017 arising out of GRP (Rajendra Nagar) P.S. Case No. 16/2017, registered 8/20(b)(ii) of NDPS Act. Allegation against the petitioner is of recovery of four kilogram of Ganja.

It has been submitted on behalf of the petitioner that in this case procedure of seizure has not been followed and there is no independent witness of the seizure. Further petitioner has no criminal antecedent and has been in judicial custody since 10.01.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the fact that in this case huge quantity of ganja has been recovered from the

Patna High Court Cr.Misc. No.25580 of 2017 (3) dt.29-06-2017 2/2 possession of the petitioner, as such, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the trial and try to conclude it within a period of nine months and if the trial is not concluded within the aforesaid period, the petitioner will be at liberty to renew his prayer for bail in the court below itself.

At the same time, S.P. Rail, is directed to ensure the production of witness in the Trial Court on the date fixed so that the trial can be concluded expeditiously.

(Vinod Kumar Sinha, J) sunil/- U T