Patna High CourtCR. MISC./26756/2021rejected

Brij Mohan Sahani @ Braj Mohan Sahani v. The State Of Bihar

2021-08-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26756 of 2021 Arising Out of PS. Case No.-131 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== BRIJ MOHAN SAHANI @ BRAJ MOHAN SAHANI Son of Meghnath Sahani Resident of Village - Karja, P.S.- Karja in the distt. of Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, 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. 32 of 2019 arising out of East Champaran (Motihari) Muffasil P.S. Case No. 131 of 2019 for the offence under Section 8 and 20(b)(ii)(B) of the N.D.P.S. Act. Petitioner has earlier moved this Court for grant of bail in Cr. Misc. No. 8121 of 2020 which was rejected vide order dated 17.02.2020.

Learned counsel for the petitioner submits that petitioner is rotting in judicial custody since 30.03.2019 i.e. more than two years and there is no substantial progress in the trial.

Patna High Court CR. MISC. No.26756 of 2021(3) dt.25-08-2021 2/2 Earlier a report was called for from the court below regarding status of the trial which has been received. Perusal of the report shows that the case is pending for examination of prosecution witnesses.

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 this order.

(Arvind Srivastava, J) brajesh/- U T