← Library
Patna High CourtCR. MISC./75382/2018bail rejected

Ashok Choudhary @ Ashok Kumar Choudhary v. State Of Bihar And ANR

2019-02-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75382 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Ashok Choudhary @ Ashok Kumar Choudhary, S/o Bishwanath Choudhary, Resident of Village- Raghunathpur, P.S. Tajpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

The Union of India through Narcotics Control Bureau, Patna Zonal Unit, Patna.

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate.

For the opposite party No. 2: Mr. Manoj Kr. Singh, C.G.C. For the State : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner, counsel for the opposite party No. 2 and the State.

The petitioner seeks bail in N.D.P.S. Case No. 6/18 (Reg. No. N.D.P.S. 7/18) arising out of NCB/PZU/Cr.No. 20 of 2018 instituted for the offence under Section(s) 8, 20, 29 of N.D.P.S. Act.

As per prosecution case, Police on confidential information searched Tata 407 and Mahindra Xylo standing on the road. It is alleged that 517 kg. of Ganja kept in 48 sealed packets have been recovered from Tata 407 vehicle. Petitioner along with three accused persons were found sitting in Mahindra Xylo standing near Tata 407. The Police arrested the petitioner and other accused persons.

Patna High Court CR. MISC. No.75382 of 2018(4) dt.27-02-2019 2/2 The statement of petitioner and other accused persons have been recorded under Section 67 of NDPS Act wherein all have confessed their guilt.

Counsel for opposite party No. 2 has appeared and submitted that prayer for bail of other co-accused persons, has already been rejected by coordinate Bench of this Court vide order dated 13.12.2018 passed in Cr. Misc. 34536 of 2018 along with Cr. Misc. 57304 of 2018.

In such circumstances, this Court is not inclined to grant bail to the petitioner at this state.

Prayer of the petitioner for grant of bail stands rejected.

The trial court is directed to expedite the trial expeditiously and make efforts to conclude the same as early as possible preferably within a period of one year from the date of receipt of this order.

Petitioner may renew his prayer for bail in the event the trial is not concluded within aforesaid period. (Sanjay Priya, J) S.Ali/- U T