Raghunath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26536 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- MAJORGANJ District- Sitamarhi ====================================================== RAGHUNATH SAH S/O LATE MADHAV SAH R/o village- Bhawanipur, P.S.- Bhawanipur, District- Sarlahi (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 8 and 20(b)(ii) (B) of the NDPS Act.

As per the prosecution case, 2 kgs. of ganja was recovered from the possession of the petitioner who is a citizen of Nepal.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case under a misunderstanding. He is in custody since 3.11.2020 and has no criminal antecedent. So far as the stage of the case is concerned, charge has been framed and he undertakes to cooperate in the trial.

The prayer for bail is opposed by learned A.P.P. for

Patna High Court CR. MISC. No.26536 of 2021(3) dt.24-12-2021 2/2 the State who submits that a counter affidavit has been filed online in the case stating therein that the petitioner being a resident of Nepal, on being enlarged on bail he may abscond and the trial will be hampered.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the of the case, the Court is not inclined to enlarge the petitioner on bail for the present and the application is rejected.

Learned trial Court is directed to expedite the trial and conclude the same preferably within a period of six months from the date of receipt/communication of this order.

(Partha Sarthy, J) Bibhash U