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Patna High CourtCR. MISC./41642/2018disposal with observation

Ali Akhtar Khan v. The State Of Bihar

2018-10-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41642 of 2018 Arising Out of PS.Case No. -337 Year- 2017 Thana -RAXAUL District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Ali Akhtar Khan, S/o Late Gafoor Khan, R/o Village- Akhta, P.S.- Bairgenia, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2018 Heard the parties.

This application is for grant of regular bail in connection with Raxaul P.S.Cae NO.337 of 2017 for the offences under Sections 20, 22, 23, and 24 of the NDPS Act. Allegation against the petitioner is about recovery of 480 grms. of Charas from the Thela of the petitioner. Submission of the learned counsel for the petitioner is that nothing has been recovered from his conscious possession and the recovery is less than the commercial quantity. The petitioner is in custody since 3.11.2017.

Heard learned A.P.P. and from perusal of the record it appears that the seized article is the Charas.. Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.41642 of 2018 (5) dt.01-10-2018 2/2 circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, the learned trial court is directed to conclude the trial in seven months and if not concluded and there is no laches on the part of the petitioner, the petitioner shall be released on bail in connection Raxaul P.S.Case No.337 of 2017 to the satisfaction of the learned trial court. With the aforesaid observation, this application is disposed of.

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