Suraj Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4311 of 2019 Arising Out of PS. Case No.-9 Year-2015 Thana- ADAPUR District- East Champaran ====================================================== Suraj Kumar, son of late Ram Kishore Giri, Resident of Village- Pareua Chowk, Ward No.-1, P.S.- Raxaul, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India (S.S.B.) 13B, Battalion, Beldarwa Math, East Champaran. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-05-2020 The matter has been taken up through virtual court proceeding.

Heard learned counsel for the petitioner and the State. The petitioner has renewed his prayer for bail in a case registered for the offence punishable under Sections 20, 22, 23 and 24 of the N.D.P.S. Act.

The prosecution case, as per the written report of Assistant Commandant, S.S.B., submitted to the S.H.O., Adapur Police Station is to the effect that on 19.01.2015 at about 11 A.M., the informant received a secret information that certain persons are carrying drugs from Nepal. Consequently, raid was laid and one person was apprehended who disclosed his name as Suraj

Patna High Court CR. MISC. No.4311 of 2019(2) dt.27-05-2020 2/2 Kumar, the petitioner and from his possession 1.9 Kg of charas were recovered.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been framed in the present case. The investigation has already been concluded and the petitioner is languishing in custody since 20.01.2015. A statement has been made in paragraph no.1 of the petition that the petitioner is also accused in one other case registered under Explosive Substances Act in which he is on bail.

Considering the commercial quantity of recovery of charas, this Court is not inclined to revise the earlier order. Accordingly, the prayer for bail of the petitioner is rejected in connection with N.D.P.S. Case No. 04 of 2015, arising out of Adapur P.S. Case No. 09 of 2015, pending in the Court of learned 3rd Additional Sessions Judge, Motihari, East Champaran.

However, it is expected from the trial court to expedite the trial and conclude the same preferably within a period of six months.

(Dinesh Kumar Singh, J) Amrendra/- U T