Md. Shamshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6623 of 2015 Arising Out of PS.Case No. -383 Year- 2012 Thana -GARDANIBAGH District- PATNA ====================================================== Md. Shamshad S/o Sheikh Mohammad, Sheikh Taiyab Resident of village - Shekhaunwa, P.S. Jagdishpur, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Dashrath Mehta (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-06-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Special Case No. 45 of 2012 arising out of Gardanibagh P.S. Case No. 383 of 2012 registered under sections 414 of the I.P.C. and sections 21 and 22 of the N.D.P.S. Act pending in the Court of Addl. Sessions Judge, VII, Patna.

Earlier prayer of the petitioner was rejected vide Cr. Misc. No. 41540 of 2013 on 17.01.2014 by this Court with analogous cases on merit taking into consideration the quantity of seized ganja.

On perusal of the report of the Additional Sessions Judge-VII-cum-Special Judge, N.D.P.S., Patna vide Letter No.

Patna High Court Cr.Misc. No.6623 of 2015 (4) dt.24-06-2015 2/2 210 dated 08.05.2015, it appears that charge has already been framed against the accused persons and out of six charge-sheet witnesses, one has been examined by the prosecution and for rest witnesses, process has already been issued for appearance. The expected time for concluding the trial is nine months. Having considered the facts and circumstances of the case, I find no fresh ground to re-consider the prayer of the petitioner for bail. Accordingly, the application stands rejected. However, Trial Court is directed to expedite the trial within a period of nine months. If the trial is not concluded within the aforesaid period, the petitioner would be at liberty to renew his prayer for bail.

(Rajendra Kumar Mishra, J.) Shail/- U T