Patna High CourtCR. MISC./23894/2020dismissed

Chitranjan Kumar v. The State Of Bihar

2021-01-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23894 of 2020 Arising Out of PS. Case No.-230 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== CHITRANJAN KUMAR Son of Ramjeevan Mahto Resident of VillageTelmi, Police Station- Bithan, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate.

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

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 8, 20(b)(ii)(c), 25, 29 of the NDPS Act. Allegedly, 1107 kg. Ganja is recovered in this case. Earlier prayer for bail of the petitioner was rejected vide Annexure-2 to the supplementary affidavit taking into account the recovery of 1107 kg. Ganja which is much more than the commercial quantity and as per Section 37 of the NDPS Act, the petitioner was not entitled for grant of bail. A report was called for from the court below. It has been reported that out of 7 prosecution witnesses, 3 prosecution witnesses have already been examined.

Considering the nature of allegation, I am not inclined to

Patna High Court CR. MISC. No.23894 of 2020(4) dt.19-01-2021 2/2 grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Khagaria P.S. Case No. 230 of 2018 stands rejected.

Learned trial court is directed to take necessary steps to conclude the same preferably within a period of nine months from the date of receipt/production of copy of this order. The District Magistrate and the Superintendent of Police, Khagaria are directed to ensure the production of prosecution witnesses on the date fixed by the trial court, so that 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 Superintendent of Police, Khagaria for needful.

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