Oral order dismissing a bail application filed by Indal Giri, who was in custody for alleged possession of ganja. The court refused bail citing the commercial quantity of drugs recovered.
The bail application was dismissed; the order directed that the trial be expedited.
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.12790 of 2016
Arising Out of PS.Case No. -60 Year- 2015 Thana -JADOPUR District- GOPALGANJ ====================================================== 1. Indal Giri, Son of Sri Rajballam Giri, resident of Village- Vishunpur, P.S.- Jadopur, District- Gopalganj. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Priyadarshi For the Opposite Party/s : Mr. P.K.Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 17-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 15.7.2015 in a case registered for the offences punishable under Sections 8.20 and 22 of the Indian Penal Code.
The prosecution case as per the complaint of Amit Kumar Singh, S.H.O. of Jadopur police station is to the effect that on 14.7.2015 the informant along with other police personnels were on night patrolling duty when they found a truck parked beside the road along with a Marshal jeep and one motorcycle. Seeing the police accused persons started fleeing and some of them jumped from the truck. They were caught who disclosed their names as co accused Dinesh Kumar, Rajneesh Singh and the petitioner Indal Giri. Three accused persons suggested that ganja
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was loaded by co accused Lallan Giri, Vishram Singh and Lallan. Altogether sixty kilograms of ganja were recovered from the truck.
It is submitted by the learned counsel for the petitioner that the recovery cannot be treated from the conscious possession of the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that the investigation has already concluded.
Considering the commercial quantity of recovery, this court is not inclined to grant bail to the petitioner at present in connection with Jadopur P.S. Case No. 60 of 2015 pending in the court of learned Ist Additional Sessions Judge, Gopalganj.
This application is, accordingly, dismissed.
However, let the trial be expedited.
(Dinesh Kumar Singh, J)
Anil/-
U T
1 issue framed by the court
Whether bail should be granted to the accused facing charges for possession of narcotics given the commercial quantity recovered.
1 provisions across 1 enactments
Indal Giri
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
