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Patna High CourtCR. MISC./47/2018rejected

Deepak Kumar And ANR v. The State Of Bihar

2018-03-07Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47 of 2018 Arising Out of PS. Case No.-153 Year-2017 Thana- JANDAHA District- Vaishali ======================================================

1. Deepak Kumar, S/o Jageshwar Rai,

2. Sanjeev Kumar, S/o Lal Bahadur Rai, Both R/o Village- Pakdi, P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rina Sinha For the Opposite Party/s :

Mr. SMT. PUSHPA SINHA ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-03-2018 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners, already in custody, seek bail in connection with Jandaha P.S. Case No.153 of 2017, registered under Sections 8/20 (b)(ii)(c) of NDPS Act.

A vehicle was stopped by the police and persons of the vehicle started escaping away but apprehended by the police and on search of the vehicle 70 Kgs. of Ganja was recovered. Learned counsel for the petitioners submits that the recovery is not from the conscious possession of the petitioners and the owner of the vehicle is another co-accused Kameshwar Rai; whereas the learned counsel for the State submits that all were boarding the vehicle and carrying 70 Kgs. of Ganja.

Patna High Court Cr.Misc. No.47 of 2018(4) dt.07-03-2018 2/2 Having considered the huge quantity of recovery of Ganja, the prayer of bail of the petitioners is rejected in connection with Jandaha P.S. Case No.153 of 2017, pending in the court of learned Sessions Judge, Vaishali at Hajipur.

However, the trial court is directed to expedite the trial after framing of the charge and preferably conclude the same within two years.

(Arun Kumar, J) S.KUMAR/- U T