Somendra Deo Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24501 of 2020 Arising Out of PS. Case No.-580 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== SOMENDRA DEO VERMA Son of Harman Deo Verma @ Hemon Deb Barma Resident of Village - Dalkhalapara, P.O. - Temakri, P.S. - Side Mohanpur, District - Tamakri, West Tripura, State - Tripura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kr. Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Special case No.07 of 2018 arising out of Khagaria P.S. case No.580 of 2018 registered under Sections 8, 20(b)(ii)(c) of N.D.P.S. Act, pending in the court of Additional Sessions Judge 3rd-cum-

Patna High Court CR. MISC. No.24501 of 2020(3) dt.09-12-2020 2/3 Special Judge (N.D.P.S. Act), Khagaria.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that 30 kgs ganja was said to have been recovered. Same was above the commercial quantity. Hence the petitioner was not entitled for bail in the light of Section 37 of N.D.P.S. Act.

A report was called for from the trial court. It has been reported by the that out of five prosecution witnesses, one prosecution witness has already been examined and the trial is likely to be concluded within 6-9 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. The District Magistrate, Khagaria and the Superintendent of Police, Khagaria are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Patna High Court CR. MISC. No.24501 of 2020(3) dt.09-12-2020 3/3 Let this order be communicated to the District Magistrate, Khagaria and the Superintendent of Police, Khagaria.

(Sudhir Singh, J) Narendra/- U T