Javed Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75215 of 2019 Arising Out of PS. Case No.-313 Year-2018 Thana- RAXAUL District- East Champaran ====================================================== Javed Khan, aged about 35 years, Gender-Male, Son of Late Alladia Resident of - 222, Pilkhua, Chamaran Sumali, P.S.- Pilkhua Dehat (Rural), DistrictGaziabad (U.P.) ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Union of India through the UID-Jayendra Singh, 47th BN, SSB Pantoka, Raxaul Bihar.

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

For the Petitioner/s :

Mr. Prakash Tiwari, Adv.

For the UOI :

Ms. Shail Kumari, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned counsel for the Union of India.

In this case, the petitioner is seeking bail in connection with NDPS Case No. 67 of 2018 (arising out of Raxaul P.S. Case No. 313 of 2018, G.R. Case No. 1435 of 2018) registered for offences under sections 20, 22, 23 & 24 of the NDPS Act.

In the present case, the S.S.B. personnel has recovered 4 Kg narcotic substance Charas from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is 80% handicapped and, as such, there is no

Patna High Court CR. MISC. No.75215 of 2019(2) dt.25-11-2019 2/2 possibility of carrying Charas.

Learned counsel for the petitioner has brought to the notice of this Court the order dated 06.11.2019 passed in Cr. Misc. No. 69103 of 2019 in which the Court has granted bail to the petitioner in connection with recovery of 14 Kg of Charas but, the description of the person is not there in the order. The petitioner is in jail custody since 24.10.2018. This Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same preferably within a period of one year from today.

(Shivaji Pandey, J) rishi/- U T