Munna Sah @ Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8614 of 2019 Arising Out of PS. Case No.-79 Year-2017 Thana- KORANSARAI District- Buxar * ====================================================== MUNNA SAH @ CHANDAN SAH Son of Late Bishun Dev @ Vishnu Dev Prasad R/o village- Koransarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HON'BLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Seen the office note and letter no. 25 dated 27.02.2019 of Additional District & Sessions Judge-III, Buxar. Vide aforesaid letter learned lower court has requested to grant six months more time to conclude the trial submitting that four witnesses have already been examined by the prosecution and the record is fixed on priority basis.

The petitioner seeks bail in a case registered for the offence punishable under Sections 20(B)(II)(C) /22/27(A)/29 of NDPS Act and Section 47 (a) of the Bihar Prohibition and Excise Act.

3.300 kgs. of Ganja is said to have been recovered from

Patna High Court CR. MISC. No.8614 of 2019(4) dt.27-03-2019 2/3 the house of the petitioner and petitioner has absconded. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized article. He has been languishing in custody since 04.04.2018.

On the other hand learned APP opposed the bail prayer of the petitioner and submitted that earlier considering the entire materials available on record, bail petition of the petitioner was rejected and petitioner has not advanced any convincing further ground for enlarging him on bail at this stage. Hence, the petitioner does not deserve bail. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, bail petition of the petitioner is rejected.

However, learned Trial Court is directed to conclude the trial as expeditiously as possible preferably within six months from the date of receipt/production of a copy of this order fixing the case on day to day basis and S.P., Buxar is directed to ensure production of the witnesses in the case on each and every date fixed without fail.

Let a copy of this order be communicated to S.P.,

Patna High Court CR. MISC. No.8614 of 2019(4) dt.27-03-2019 3/3 Buxar by fax for needful.

(Prakash Chandra Jaiswal, J) sushma/- U T