Manoj Sharma @ Manoj Kr. Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8083 of 2016 Arising Out of PS.Case No. -13 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== Manoj Sharma @ Manoj Kr. Sharma S/o Shatrughan Sharma Resident of Village - Samarth Kalyanpur, P.S. - Bibhutipur District - Samastipur, At present In the House of Sri Anil Kumar, Rajendra Nagar, Road No. 10, P.S. - Kadam Kuan, Town & District - Patna (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jay Prakash Sharma For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) For the Economic Offence Unit : Mr. Akhileshwar Prasad Singh, Sr. Adv Mr. Rajeev Ranjan Prasad, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 08-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner has renewed his prayer for bail in Economic Offence P.S. Case No. 13 of 2012 (Special Case No. 22 of 2012) registered for the offences punishable under Sections 21, 23, 29, 20(b) II of NDPS Act, pending in the

Patna High Court Cr.Misc. No.8083 of 2016 (03) dt.08-03-2016 2/3 court of learned Additional Sessions Judge-VII (Special Judge), Patna.

From the possession of the petitioner 10.78 kgs. of Charas were recovered.

It is submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 30.08.2012 and there is no likelihood of conclusion of trial. The report of the learned 7th Additional Sessions Judge, Patna dated 24.02.2016 reflects that out of 23 charge-sheeted witness 11 has been examined but rest are not produced in spite of directions being issued but the trial is likely to be concluded within a period of six months. Learned counsel for the Economic offence Unit submits that the investigating agency will make effort to produce the left over all the witnesses within a period of two months.

Considering the recovery of commercial quantity of Charas and the present stage of the trial, this Court is not inclined to grant bail to the petitioner. Accordingly, this application is dismissed.

It is expected from the investigating agency to produce the witnesses within the time frame. It is expected from

Patna High Court Cr.Misc. No.8083 of 2016 (03) dt.08-03-2016 3/3 the learned trial court to conclude the trial within the time frame. Let the order be transmitted to the investigating agency and the learned trial court. (Dinesh Kumar Singh, J) DKS/- U T