Dasrath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1637 of 2019 Arising Out of PS. Case No.-227 Year-2018 Thana- KARAHGAR District- Rohtas ====================================================== Dasrath Singh son of Late Awdhesh Singh Resident of village- Girdharpur, P.S.- Karagahar , Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Nrayan Pd. Sinha, Sr. Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner, learned counsel for informant and the learned APP for the State.

The petitioner seeks bail in Kargahar P. S. Case No. 227 of 2018 instituted for the offence under Section(s)20(b)(ii)(c), 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act and Section 25(1-b)a/26 of the Arms Act.

In the written report, it is alleged that informant got confidential information that huge amount of Ganja has arrived in the house of petitioner who indulged in illegal sale and purchase of Ganja. On the said

Patna High Court CR. MISC. No.1637 of 2019(3) dt.29-03-2019 2/3 information informant along with raiding party and Circle Officer raided the shop of informant and recovered 157.500 kg of Ganja, an amount of Rs. 7,88,220 in cash, SBBL gun with 20 live cartridges of 12 bore.

Learned counsel for petitioner submits that petitioner is headmaster. The house is joint house. He has no concern with the alleged seized incriminating articles from the house. The learned counsel submits that the recovered cash amount was received as a consideration money for sale of some landed property. It has been submitted that petitioner has valid license for the recovered gun. There is no mention in the written report that at the time of search and seizure any license was produced with regard to the seized gun.

Form the seizure list as well as the written report, it appears that total 157.500 kg of ganja along with cash and fire arm have been recovered from shop of the petitioner. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for

Patna High Court CR. MISC. No.1637 of 2019(3) dt.29-03-2019 3/3 bail of the petitioner stands rejected.

The petitioner is in custody since 19.6.2018 Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of one year from the date of receipt of copy of this order.

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