Tapas Roy @ Tapesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74269 of 2023 Arising Out of PS. Case No.-223 Year-2021 Thana- DAGARUA District- Purnia ====================================================== TAPAS ROY @ TAPESH RAI Ranjeet Rai @ Ranjit Roy R/o VillageBasdaha, Natibari Sajerpar, P.s.- Kundibari, District- Kuchbihar (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-11-2023 Heard the parties.

The petitioner is in custody in connection with Special Case No. 62 of 2021 arising out of Dagarua P.S. Case No. 223 of 2021 for the offence under Sections 8/20(b)(ii)(c), 25 and 29 of the N.D.P.S. Act lodged on 08.08.2021 by the informant, Jitendra Kumar Yadav.

As per the prosecution story, the police in course of patrolling intercepted a vehicle. The driver step down from the vehicle and tried to escape but was apprehended and upon search, between the pineapples, three packets containing 32.200 kg. of 'ganja' was recovered/seized. Accordingly, the FIR was lodged and the petitioner was taken into custody. Earlier the case of the petitioner was heard and

Patna High Court CR. MISC. No.74269 of 2023(2) dt.10-11-2023 2/2 rejected on 24.08.2022 in Cr. Misc. No. 28001 of 2022. Considering the quantity of recovery from the petitioner, relief cannot be extended to him which is accordingly rejected.

The petitioner is in custody since 08.08.2021 i.e. more than two years and in that background, learned Trial Court is directed to conclude the trial within a period of nine months from today.

(Rajiv Roy, J) Neha/- U T