Patna High CourtCR. MISC./44562/2016rejected

Md. Bashir Mian @ Bashir Mian v. The State Of Bihar

2016-10-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.44562 of 2016 (2) dt.19-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44562 of 2016 Arising Out of PS.Case No. -12 Year- 2015 Thana -BARAULI District- GOPALGANJ ======================================================

1. Md. Bashir Mian @ Bashir Mian Son of Late Sadique Mian resident of Village - Barauli, P.S. - Barauli, District - Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyavrat Verma For the Opposite Party/s Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.10.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 21 and 22 of the NDPS Act.

Earlier prayer for bail of the petitioner was rejected by this court taking note of allegation of recovery made from conscious possession of the petitioner but submission on behalf of the petitioner is that almost all prosecution witnesses have already been examined but trial of the petitioner is pending since last six months awaiting the presence of scientist who had prepared FSL report. It would appear from the aforesaid submissions that FSL report was produced before the trial court by the prosecution but the genuiness of FSL report was challenged by the defence and on the prayer of the defence, chemical examiner was called for by the trial court and, therefore, petitioner can not make any blame on the

Patna High Court Cr.Misc. No.44562 of 2016 (2) dt.19-10-2016 prosecution for delay in his trial.

Considering the aforesaid facts and circumstances as well as submissions of the parties, again, I am not inclined to release the petitioner on bail and hence, his prayer for bail in Trial no. 29/2015 arising out of Barauli P.S. Case no. 12/2015 pending in the court of Addl. Sessions Judge I, Gopalganj stands rejected. However, the learned trial court must expedite the trial of the petitioner and try to conclude the same as early as possible.

shahid (Hemant Kumar Srivastava,J) U T