Sihail Ahmad Barbhuniya @ Siail Ahmad @ Md. Suhail Ahmad @ Mohammad Suhail Ahmad Barmia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20465 of 2019 Arising Out of PS. Case No.-7 Year-2016 Thana- KATIHAR GRP CASE District- Katihar ====================================================== SIHAIL AHMAD BARBHUNIYA @ SIAIL AHMAD @ MD. SUHAIL AHMAD @ MOHAMMAD SUHAIL AHMAD BARMIA, aged about 22 years, Male, Son of Sahiruddin R/O- Hari Nagar, P.S.- Katigora, Distt.- Kachhar, Silchar (Assam) ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-07-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The prayer for bail of the petitioner was refused twice on 13.07.2016 and 12.04.2017 vide order passed in Cr. Misc. No. 27811 of 2016 and Cr. Misc. No. 18112 of 2017 respectively taking into consideration the quantity of 25 Kg of ganja recovered from the bag of the petitioner. The learned counsel appearing for the petitioner submits that the petitioner is in custody since 05.02.2016, but, the trial has not yet been concluded.

A report vide letter no. 283, dated 06.05.2019, has been received from the Additional District & Sessions Judge Icum-Special Judge, Katihar, which shows that out of nine, six witnesses have already been examined and in this regard fresh

Patna High Court CR. MISC. No.20465 of 2019(3) dt.03-07-2019 2/2 summons have been issued for remaining witnesses and next date has been fixed is 27.05.2019.

Having regard to the facts and circumstances of the case and the nature of allegation, I am not inclined to reconsider the prayer for bail of the petitioner.

The prayer for bail is rejected.

However, the trial Court is directed to conclude the trial within six months by taking all effective steps. (Rajendra Kumar Mishra, J) Shamshad/- U T