Munna Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54911 of 2017 Arising Out of PS.Case No. -5 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ====================================================== Munna Rai .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Soni Shrivastava For the UOI Mr. Anjani Kumar Sharan, Asst. S.G. Manoj Kumar Singh. C.G.C, For the State : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-01-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Special Case No. 55 of 2016 arising out of N.C.B./PZU/V/05/2016 instituted for the offence under Sections-8, 20(C) of Narcotics Drugs and Psychotropic Substances Act, 1985. Earlier prayer for bail of the petitioner was rejected by this court vide order dated 11-05-2017 passed in Cr. Misc. No. 19024 of 2017. Counsel for the petitioner has submitted that the petitioner is in custody since 04-08-2016.

The report was called for from the court below about the stage of the trial. The court below has submitted in the report that the court will try to conclude the trial within nine months.

Prayer of the petitioner was earlier rejected by detail order dated 11-05-2017.

Therefore, after looking into nature of allegation and recovery of huge quantity of Narcotic Substance as mentioned in the order dated 11-05-

Patna High Court Cr.Misc. No.54911 of 2017 (3) dt.03-01-2018 2017, this court is not inclined to grant bail to the petitioner. Accordingly, prayer for bail is again rejected at this stage. The court below is directed to expedite the trial of the petitioner and make all efforts to conclude the same within nine months from the date of receipt of copy of this order as mentioned in the report of the court below by giving short adjournments in the case. The court below will give information to the Superintendent of Police, Patna about the date fixed in the trial for producing the witnesses on that date. The Superintendent of Police, Patna will produce the witnesses for evidence on the fixed date. The learned Special P.P.

will also cooperate in the trial so that the same be concluded within a period of nine months from the date of receipt of copy of this order. In the event, the trial of the petitioner is not concluded within the aforesaid period of nine months, the petitioner will be at liberty to renew his prayer for bail in the court below itself, which shall be disposed of by the court below in accordance with law and the court below will give reasons in the order for not disposing of the trial within the period of nine months. (Sanjay Priya, J) A.K.V.