Wakil Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32828 of 2019 Arising Out of PS. Case No.-269 Year-2015 Thana- RAXAUL District- East Champaran ====================================================== Wakil Mohammad, Son of Mehaddi Hussain, Resident of village Banipara P.S. Ruda, District- Kanpur (U.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Muneshwar Prasad For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-09-2019 The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 20, 22, 23 and 24 of the NDPS Act.

The prosecution case is that the petitioner along with co-accused Pratima Devi was caught red handed, being handed over 4 Kg of charas by the co-accused Sudarshan Prasad Yadav. Since the commercial quantity of charas was recovered from the petitioner, his earlier prayer for bail was rejected, vide order dated 06.09.2016, passed in Cr. Misc. No. 37183 of 2016 and the petitioner was given liberty to renew his prayer for bail if trial is not concluded within one year. The report of the learned 7th Additional Sessions Judge, East Champaran, Motihari dated 02.09.2019, kept at flag-'A' reflects that out of nine witnesses, eights witnesses have

Patna High Court CR. MISC. No.32828 of 2019(3) dt.18-09-2019 2/2 already been examined and the trial is likely to be concluded within a period of three months.

In the circumstances, this Court is not inclined to revise the earlier order.

Accordingly, the prayer for bail of the petitioner is rejected in connection with NDPS Case No. 60 of 2015, arising out of Raxaul P.S. Case No. 269 of 2015, pending in the Court of learned Sessions Judge, Special Judge, NDPS, East Champaran, Motihari.

However, it is expected from the S.P., Motihari to get the remaining one witness produced on the next date fixed. Let a copy of the order be transmitted to the S.P., Motihari.

(Dinesh Kumar Singh, J) Amrendra/- U T