High Court Patna High Court - Orders

Bhanu Rai @ Bhuneshwar Rai vs State Of Bihar on 23 November, 2010

Patna High Court – Orders
Bhanu Rai @ Bhuneshwar Rai vs State Of Bihar on 23 November, 2010
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CR. APP (SJ) No.945 of 2010
                      BHANU RAI @ BHUNESHWAR RAI
                                    Versus
                             STATE OF BIHAR
                                   -----------

3. 23.11.2010 Bail prayer of the appellant was heard after receipt of lower

court records.

The appellant stands convicted under Section 22 of the

N.D.P.S. Act and sentenced to R.I. for 5 years and a fine of

Rs.5,000/-.

The allegation and evidence is that 7 Kg. of Ganja was

recovered from the house of the appellant.

Learned counsel for the appellant submits that the appellant

remained in custody from 30th December 2001 and 9th September 2002

during the trial and thereafter he is in custody from 30th July 2010 i.e.

the date of trial court judgment. Further submission is that the Ganja

was not weighed and the weight was mentioned as 7 Kg. at the time of

seizure.

In view of the facts and circumstances of the case, I do not

feel inclined to enlarge the appellant on bail for the present.

Accordingly, the prayer for bail is rejected.

         Jay/                                        (C.M.Prasad,J)