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Patna High CourtCR. MISC./6783/2019rejected

Sunil Yadav v. The State Of Bihar

2019-03-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6783 of 2019 Arising Out of PS. Case No.-111 Year-2017 Thana- KANHAULI District- Sitamarhi ====================================================== SUNIL YADAV, S/o Rajendra Yadav, Resident of Village - Malangawa, P.S. - Malangawa, District - Sarlahi (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 8/20(B)II/17 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Petitioner is in custody since 26.09.2017. Allegation is of recovery of 21 Kg. of Ganja from possession of the petitioner.

This Court had earlier refused prayer for bail on 19.06.2018 vide Annexure-1 with direction to the trial Court to expedite the trial.

The report of the learned trial Judge dated 22nd February, 2019 would reveal that charges were framed on 07.07.2018, however, no prosecution witness has been

Patna High Court CR. MISC. No.6783 of 2019(3) dt.27-03-2019 2/2 examined up till now.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail in connection with Kanhauli P.S. Case No. 111 of 2017 pending in the Court of learned Sessions Judge, Sitamarhi.

However, the learned trial Court is directed to conclude the trial within a period of nine months from the date of receipt/production of a copy of this order. Let the Superintendent of Police, Sitamarhi be directed to ensure production of prosecution witnesses in connection with Kanhauli P.S. Case No. 111 of 2017 before the learned 1st Additional Sessions Judge-cum-Special Judge, Sitamarhi on each and every date fixed in the case. The learned trial Judge is directed not to allow any long and unnecessary adjournment in the case. (Birendra Kumar, J) Kundan/- U T