Patna High CourtCR. MISC./36524/2021dismissed

Subhash Kumar v. The State Of Bihar

2021-12-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36524 of 2021 Arising Out of PS. Case No.-407 Year-2019 Thana- KOTWALI District- Patna ====================================================== SUBHASH KUMAR S/O RAMANUJ YADAV R/O VILLAGEBHATSARA, P.S. DULHIN BAZAR, DISTRICT PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner seeks bail in Special case No. 55 of 2019 arising out of Patna Kotwali P.S. Case No. 407 of 2019 registered under Sections 8(C), 21(C)/29 of the N.D.P.S. Act. Earlier prayer for bail of the petitioner was rejected taking into account that 655 gms of Heroine was said to have been recovered.

A report has been called for from the court below. It has been reported that none of the prosecution witnesses has been examined till date. It has further been reported that the

Patna High Court CR. MISC. No.36524 of 2021(3) dt.01-12-2021 2/2 trial will be concluded within a period of eight months. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the nature of accusation coupled with the fact that under Section-37 of the N.D.P.S. the petitioner is not entitled for bail, prayer for bail of the petitioner is rejected. Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner, preferably, within a period of 9 months from the date of receipt/production of copy of the order.

The District Magistrate and the Sr. Superintendent of Police, Patna are directed to ensure the production of witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of nine months. Let a copy of this order be communicated to the District Magistrate and the Sr. Superintendent of Police, Patna for needful.

(Sudhir Singh, J) A.K.V.//- U T