IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31381 of 2010 BHAGERA RAI, SON OF LATE TAHLU RAI, RESIDENT OF VILLAGE PACHRUKHIYA, P.S.- KOILWAR, BHOJPUR, DISTRICT-ARA…… …… ….. PETITIONER Versus STATE OF BIHAR……………….OPPOSITE PARTY. ----------- 3 06.10.2010 Heard the parties. In a criminal prosecution registered under Sections 15/18 of the N.D.P.S. Act, the petitioner, besides others, has been arrayed as accused in the FIR vide Annexure-1. According to prosecution case the petitioner had grown opium poppy in big area of the lands and one bundle of opium poppy was seized by the prosecution party by way of sample, though the petitioner, after getting information about arrival of the police, had cultivated major part of his lands, where large number of opium poppy were still there. The petitioner was arrested at the spot. Learned counsel for the petitioner submits that the lands in question where opium poppy had been grown do not belong to the petitioner. In fact adjoining plot belongs to the petitioner and, therefore, on suspicion, petitioner was arrested by the prosecution party. From the materials available on record, it is apparent that petitioner is a 2 cultivator of big area of land and he grows opium poppy in large area of lands. Taking into consideration the facts and circumstances of the case, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of bail. It is accordingly rejected for the present. Learned Special Judge is directed to expedite the trial of the petitioner in connection with NDPS Case No.03 of 2010 (Koilwar P.S.Case No.41 of 2010) and all endeavours should be made to conclude the trial of the petitioner as early as possible, preferably within a period of one year from the date of receipt/production of a copy of this order. However, if the trial of the petitioner is not concluded within the aforesaid period of one year, without there being any fault on the part of the petitioner, then petitioner shall be at liberty to renew his prayer for bail before this Court. M.Rahman/Shahzad ( Birendra Prasad Verma, J )