Patna High CourtCR. MISC./34547/2016rejected

Naeem Alvi v. State Of Bihar And ANR

2016-08-31Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34547 of 2016 Arising Out of PS.Case No. -718 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ====================================================== Naeem Alvi S/o Babban Ali Sah, Resident of Village- Devachara, P.S. Bhamora, District Bareilly (U.P).

.... .... Petitioner

Versus

1. The State of Bihar

2. Union of India through Intelligent Officer, D.R.I. Regional Unit, Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Nafisuzzoha, Advocate For the Opposite Parties : Mr. Sri Arun Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected by order dated 12.01.2016 passed in Cri. Misc. No. 51696 of 2015, on the ground that the petitioner is custody since 11.12.2014 having clean antecedent. There is no chance of tampering with prosecution evidence and as such, he deserves sympathetic consideration, to which the learned A.P.P seriously opposes by submitting that from the possession of the petitioner, two kilograms of opium was recovered kept in two packets and during chemical examination also presence of morphine in each samples were found.

Patna High Court Cr.Misc. No.34547 of 2016 (2) dt.31-08-2016 2/2 In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of bail, again the prayer for bail of the petitioner stands rejected in connection Special Case No. 82 of 2014 arising out of DRIF. No. DRI/LZU/PRU/718 (ii) ENQ-13/14, Patna pending in the court of learned Special Judge-cum-Additional District & Sessions Judge VI, Patna.

However, considering the period of detention of the petitioner, the learned trial court is again directed to expedite the trial and conclude the same preferably within four months after keeping the same on day to day basis.

(Jitendra Mohan Sharma, J.) Rajiv/- U T