Bhim Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3982 of 2022 Arising Out of PS. Case No.-370 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== Bhim Sah Son Of Bhikhari Sah Resident Of Village - Budhawa, P.S.- Banjaria, Distt.- East Champaran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 20 and 22 of the N.D.P.S Act.

It appears that earlier also the petitioner had filed Cr. Misc. No. 3349 of 2021 which was rejected vide order dated 25.06.2021.

In pursuance to the direction of this Court, a report with regard to the present stage of the case has been received and it has been kept at Flag-A. The report of the learned 1st Additional District & Sessions Judge-

Patna High Court CR. MISC. No.3982 of 2022(5) dt.18-04-2023 2/3 cum-Special Judge, NDPS Act, East Champaran, Motihari suggests that out of six charge-sheet witnesses, four witnesses have already been examined and with regard to rest of the witnesses, summons, B.W, N.B.W have already been issued and a letter has already been sent to the Superintendent of Police, East Champaran for the production of remaining charge-sheet witnesses. It is submitted by learned counsel for the petitioner that petitioner is in custody since 19.07.2020 and the trial has still not been concluded.

Taking into consideration the recovery of 100 Kgs of Ganja from a truck which was driven by the petitioner, this Court is not inclined to grant privilege of bail to the petitioner for the present. The prayer for grant of bail to the petitioner stands rejected. The Trial Court is directed to expedite the trial and conclude the same positively within a period of six months from today.

The petitioner will be at liberty to renew his

Patna High Court CR. MISC. No.3982 of 2022(5) dt.18-04-2023 3/3 prayer for bail if the trial is not concluded within a period of six months.

(Sunil Kumar Panwar, J) Shageer/- U T