Chandra Kant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58180 of 2015 Arising Out of PS.Case No. -565 Year- 2012 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Chandra Kant, son of Sri Shobhnath, resident of village Monai, P.S.- Manda, District- Allahabad (U.P.) .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Dehri (T) P.S. Case No. 565 of 2012 registered under sections 20(1-b), 22, 23, 24, 27(A) of the N.D.P.S. Act. Pending in the Court of 2nd Additional District and Sessions Judge, Rohtas at Sasaram. Learned counsel appearing on behalf of the petitioner submits that prayer for bail of the petitioner was earlier refused twice on merit on 02.04.2014 vide Cr. Misc. No. 46750 of 2013 and on 25.03.2015 vide Cr. Misc. No. 648 of 2014. The petitioner is in custody since 27.12.2012, but the trial has not yet been concluded.

On perusal of the Letter No. 14 dated 01.03.2016 as

Patna High Court Cr.Misc. No.58180 of 2015 (3) dt.09-03-2016 2/2 received from the Court of 3rd Additional District and Sessions Judge, Rohtas at Sasaram, it appears that after framing of charge out of eight witnesses, three witnesses have been examined and five witnesses, including the I.O. and informant are yet to be examined.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner for bail is rejected. However, Trial Court is directed to conclude the trial preferably within a period of six months.

Let a copy of this order be sent to the Superintend of Police, Rohtas at Sasaram for giving necessary direction to the concerned Police Officer to secure the attendance of the witness so that the order may be complied with.

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