Mukesh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19714 of 2023 Arising Out of PS. Case No.-27 Year-2017 Thana- KALYANPUR District- East Champaran ====================================================== MUKESH KUMAR DAS Son of Manohar Das Resident of VillageGovindpur, P.S.-Kalyanpur, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in N.D.P.S. Case No. 22 of 2017 arising out of Kalyanpur P.S. case No. 27 of 2017 instituted for the offences under Section 414 of the Indian Penal Code and Sections 20, 22 and 23 of the N.D.P.S. Act. The earlier bail application of the petitioner was rejected vide Annexure-1 series to the present application taking into account that 49 kg ganja was recovered and in the light of Section 37 of the NDPS Act, the petitioner was not entitled for bail.

A report was called for from the Trial Court. It has been reported that out of 7 prosecution witnesses, 5 prosecution witnesses have already been examined and the trial is likely to

Patna High Court CR. MISC. No.19714 of 2023(3) dt.21-06-2023 2/2 be concluded within a period of three months. Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial at earliest preferably within a period of three months from the date of receipt/production of a copy of this order.

The District Magistrate, East Champaran at Motihari and the Superintendent of Police, East Champaran at Motihari are also directed to take necessary steps to produce the witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period. Let this order be communicated to the District Magistrate, East Champaran at Motihari and the Superintendent of Police, East Champaran at Motihari.

(Sudhir Singh, J) Pankaj/- U T