Birendra Deshwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67737 of 2018 Arising Out of PS. Case No.-63 Year-2012 Thana- BARACHATTI District- Gaya ====================================================== Birendra Deshwari Son of Late Janki Singh, Resident of Village- Basukurha, P.S. Mohanpur, District Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Durga Nand Jha For the Opposite Party/s :

Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-11-2018 Heard the parties.

The petitioner seeks bail in Barachatti (Mohanpur) P.S. Case No.63 of 2012 registered under Sections 15 and 18 of N.D.P.S.Act.

Allegation as per the F.I.R. is of recovery of one bundle of plant of Posta Dana(Opium) from the field of the petitioner. The petitioner is named in the F.I.R. Submission of the learned counsel for the petitioner is that there is nothing available on the record to show that the land belongs to the petitioner or he grows the said plant there. The petitioner is in custody for about 8 months. Heard the learned A.P.P. who opposed the prayer for bail stating that this is a case of 12 years and after six years the petitioner has appeared in the case and caused the delay of the

Patna High Court Cr.Misc. No.67737 of 2018(2) dt.29-11-2018 2/2 trial.

Having heard both sides and in view of the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

However, once charge is framed against the petitioner, learned trial court shall release the petitioner on bail to his own satisfaction on the condition that he will cooperate in the trial. This application is disposed of.

(Vinod Kumar Sinha, J) aks/- U