Asharfi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 24495 of 2016 Arising Out of PS.Case No. -154 Year- 2015 Thana -CHHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Asharfi Sah S/o Bhadur Sah, Resident of Village- Ghamahargawa, P.S.- Simra, Distt- Bara (Nepal).

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shri Prakash Tiwari For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

17-11-2016 Heard Sri S.P.Tiwari, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 07-09-2015, has prayed for grant of bail in NDPS Case No. 47 of 2015 {arising out of Chhauradano (Mahuwa) P.S. Case No. 154 of 2015} registered for offence under Sections 20(b), 22, 23 & 24 of the Narcotic Drugs & Psychotropic Substances Act, 1985. In this case, earlier a report was called for regarding stage of the case, which has been received and kept at flag 'A'. The report dated 17th October, 2016 received from the court of learned 7th Addl. Sessions Judge, East Champaran at Motihari indicates that in the case, charge has already been framed and out of eight chargesheeted witnesses, one witness has already been

Patna High Court Cr.Misc. No.24495 of 2016 (4) dt.17-11-2016 2/2 examined.

Keeping in view the fact that trial has already commenced, there is no reason to extend the privilege of bail. The prayer for bail stands rejected.

However, while dismissing the petition, it is desirable to observe that learned court below may take appropriate step so that the case may come to its logical end without unnecessary delay. At the same time, the concerned Superintendent of Police is directed to ensure production of witnesses as and when required by the trial court.

Let a copy of this order be sent to the concerned Superintendent of Police.

(Rakesh Kumar, J.) Anay U T