Patna High CourtCR. MISC./73478/2023dismissed

Habibur Rahman v. The State Of Bihar

2023-11-23Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73478 of 2023 Arising Out of PS. Case No.-423 Year-2022 Thana- Excise P.S. District- Purnia ====================================================== HABIBUR RAHMAN SON OF ABDUL HAKIM RESIDENT OF VILLAGE- GOLENA HATTI, PS- SHEETAL KUCH, DISTT- KUCH BIHAR , WEST BENGAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-11-2023 Heard Mr. Bhola Prasad, learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is an accused in connection with Excise P.S. Case No. 423 of 2022 registered for the offences under section 20(b)(ii)(c) and 25 of the N.D.P.S. Act lodged on 28.08.2022 by the informant, Sanjay Kumar.

3. As per the prosecution story, the police intercepted the accused persons and recovered/seized 123.219 kg of 'ganja'. Accordingly, seizure list prepared, arrest/FIR.

4. Learned Counsel for the petitioner submits that the alleged recovery is attributed to three accused persons, he being one of them and has already suffered by being in custody since 29.08.2022 (as stated in paragraph 10 of the bail application).

Patna High Court CR. MISC. No.73478 of 2023(2) dt.23-11-2023 2/2

5. Learned APP for the State, on the other hand, opposes the prayer for bail stating that the commercial quantity is 20 kg and the recovery/seizure is 123.219 kg.

6. Considering the recovery that has come against the petitioner, no relief can be granted to him and the bail application is accordingly rejected.

7. In view of the fact that he is in custody for more than a year, it is appropriate that the Trial Court take immediate steps to take up the trial and conclude the same within a period of one year from today.

(Rajiv Roy, J) Neha/- U T