Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81057 of 2019 Arising Out of PS. Case No.-353 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Nalanda ====================================================== Dharmendra Yadav Son of Rambaran Yadav Resident of Village- Gara Basa, P.S.- Bagbera, Jamshedpur, District- East Singhbhum (Jamshedpur) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lilawati Singh, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 20(b) of the N.D.P.S. Act in connection with Case No. 353C-3 Ex/2019.

13 Kilograms of Ganja was recovered from beneath the berth of a bus and the petitioner was allegedly travelling on the said berth. Hence, he was suspected that the same was of the petitioner.

Learned counsel for the petitioner has drawn attention of the Court towards the so called discrepancy in the manner of search and seizure as mentioned in the prosecution memorandum. The petitioner is in custody since 02.09.2019.

Patna High Court CR. MISC. No.81057 of 2019(3) dt.16-03-2020 2/2 Investigation of the case is already complete. The petitioner has got no criminal antecedent.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail for the present. Hence, the prayer for bail is refused.

If the trial is not concluded within nine months, the petitioner may renew the prayer for bail before the trial Court itself. The trial Court is directed to expedite the trial without allowing any unnecessary adjournment in the case. (Birendra Kumar, J) Mkr./- U T