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Patna High CourtCR. MISC./26148/2020dismissed

Mukesh Kumar Das v. The State Of Bihar

2021-01-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26148 of 2020 Arising Out of PS. Case No.-27 Year-2017 Thana- KALYANPUR District- East Champaran ====================================================== MUKESH KUMAR DAS S/o Manohar Das Resident of Village-Govindpur, P.S-Kalyanpur, District-East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Satyendra Narayan Singh, Advocate For the State :

Mr.Uma Nath Mishra, APP For N.C.B.

:

Mr.Ratnesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner, learned APP for the State and Mr. Ratnesh Kumar, advocate for the N.C.B. through virtual mode.

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 registered under Section 414 of the Indian Penal Code and Sections 20, 22, 23 of the N.D.P.S. Act, pending in the court of 1st Additional Sessions Judge, Excise, East Champaran. The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into

Patna High Court CR. MISC. No.26148 of 2020(3) dt.28-01-2021 2/2 account that 49 kgs ganja is said to to have been recovered. Same is beyond the commercial quantity and the petitioner is not entitled for bail under Section 37 of the N.D.P.S. Act. A report was called for from the trial court. It has been reported that out of seven prosecution witnesses, two prosecution witnesses have already been examined and the trial is expected to be concluded within a period of six 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 preferably within a period of six months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T