Patna High CourtCR. MISC./22983/2021rejected

Santosh Sah v. The State Of Bihar

2021-08-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22983 of 2021 Arising Out of PS. Case No.-115 Year-2019 Thana- ADAPUR District- East Champaran ====================================================== SANTOSH SAH Son of Bunilal Sah Resident of Village - Devkuli Kothi, P.S.- Mohammadpur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-08-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with N.D.P.S. Case No. 42 of 2019 arising out of Adapur P.S. Case No. 115 of 2019 for the offence under Section 21(b) and 23(b) of the N.D.P.S. Act.

Learned counsel appearing for the petitioner submits that earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 04.12.2019 passed in Cr. Misc. No. 68290 of 2019.

The petitioner is rotting in judicial custody since 08.05.2019 i.e. more than two years and there is no substantial progress in the trial. A report was called for regarding the stage of the

Patna High Court CR. MISC. No.22983 of 2021(3) dt.25-08-2021 2/2 trial and the same has been received from the court below which indicates that out of eight prosecution witnesses, only one witness has been examined as yet.

Learned A.P.P. for the State has opposed the prayer for bail and submitted that earlier the prayer for bail of this petitioner has been rejected on merits and now no fresh ground is made out for reconsideration of the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected. However, the learned court below is directed to expedite the trial of the case and conclude it preferably within a period of six months from the date of receipt /production of the copy of this order.

brajesh/- (Arvind Srivastava, J) U T