Petitioner sought bail in an N.D.P.S. case involving 150 gms of heroin. Court declined bail due to commercial quantity recovered and F.S.L. confirmation, directing trial conclusion within one year.
Bail application rejected; trial directed to be concluded within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7609 of 2015
Arising Out of PS.Case No. -390 Year- 2014 Thana -CIVIL LINE District- GAYA ====================================================== Santosh Prasad @ Santosh Singh S/o late Ashok Singh resident of MohallaNadraganj Mallah Toli, P.S. -Civil Lines, District- Gaya. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Rana Pratap Singh, Sr. Advocate. For the Opposite Party : Mr. D.P. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 5 08-04-2015 Heard Mr. Rana Pratap Singh, Sr. counsel and learned APP. The petitioner seeks bail in Civil Lines P.S. Case No. 390 of 2014, registered for the offences punishable under Sections 21, 22, 23 and 25 of the N.D.P.S. Act.
From the possession of the petitioner 150 gms. of Heroin was recovered.
Learned counsel for the petitioner submits that the petitioner is in jail since 09.07.2014. The petitioner has got no criminal antecedent of this nature, although he is accused in murder case.
Considering the facts aforesaid and the fact that commercial quantity of Heroin was recovered, the F.S.L. report
Patna High Court Cr.Misc. No.7609 of 2015 (5) dt.08-04-2015
2/2
also shows that the recovered articles is Heroin, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.
The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt/production of a copy of this order.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
1 issue framed by the court
Whether bail should be granted to an accused in a commercial quantity narcotics case who is in jail since July 2014.
1 provisions across 1 enactments
Santosh Prasad @ Santosh Singh
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
