Hassan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13563 of 2022 Arising Out of PS. Case No.-74 Year-2019 Thana- INARWA District- West Champaran ====================================================== HASSAN ANSARI Son of Jamadar Ansari @ Jamadar Miyan Resident of Village - Gabnaha Baswariya, P.S.- Lauriya, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for bail in a case registered under sections 20, 20(C), 22, 23, 24 and 28 of the N.D.P.S. Act.

The earlier application for bail of the petitioner was rejected vide order dated 25.3.2021 (Annexure-1) passed in Cr. Misc. no. 20658 of 2020.

The prosecution case is that on a tempo being stopped and searched a total of 11 kgs of charas worth Rs. 2.2 crores was recovered from the accused.

It is submitted by learned counsel for the petitioner that he has been falsely implicated in the case. He is in custody since 1.12.2019 and has no criminal antecedent. Co-accused

Patna High Court CR. MISC. No.13563 of 2022(3) dt.22-06-2022 2/2 Santosh Sahani has been enlarged on bail vide order dated 28.1.2022 (Annexure-3) passed in Cr. Misc. no. 29043 of 2021. Only one witness has been examined on behalf of the prosecution and there is no chance of the trial concluding in the near future. The petitioner undertakes to cooperate in the trial. Heard learned APP for the State.

A report was called for from the learned trial Court. As per the report received contained in letter dated 23.6.2022 of the learned Additional District and Sessions Judge III, Bettiah, West Champaran, two out of the ten charge sheet witnesses have been examined.

Having heard learned counsel for the parties and taking into consideration the recovery of 11 kgs of charas, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Prakash/- U