Binod Kumar Singh @ Bhuwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29010 of 2020 Arising Out of PS. Case No.-13 Year-2018 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== BINOD KUMAR SINGH @ BHUWAR SINGH S/o Ranjit Singh Resident of Village- Karisath, P.S.- Udwant Nagar, District- Bhojpur, Ara. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Economic Offence Unit Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlesh Prasad Yadav, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon The petitioner seeks bail in Economic Offence PS Case No 13 of 2018 instituted for the offence under Section(s) 8/20 (b)(ii) ( c)/25/29 of the NDPS Act, 1985.

Learned counsel for the petitioner submits that the petitioner cannot be held liable for recovery of 55.5 kg of 'Ganja' as several persons were involved even as per the prosecution case. The main culprit who was managing the entire case, has still not been apprehended and he is at large. The learned APP points out that earlier the prayer for bail of the petitioner has been rejected under order dated 04.02.2020 passed in Cr. Misc No 68049 of 2019. The recovery is 55.5 kg

Patna High Court CR. MISC. No.29010 of 2020(7) dt.25-01-2021 2/2 of 'Ganja'. Such commercial quantity has socio economic effect and therefore the petitioner should not be allowed the bail at the moment.

Earlier, report had been called for from the Court below, the same has been received, which shows that total nine witnesses remains to be examined.

In view of the aforesaid circumstances and having considered the submissions of the learned counsel for petitioner as well as learned APP, this Court is not inclined to grant bail to the petitioner.

Prayer for bail is rejected.

The earlier direction in the order dated dated 04.02.2020, passed in Cr Misc No 68049 of 2019 is being reiterated. The Trial Court is, however, directed to expedite the trial without any unnecessary adjournment/delay and expeditiously. (Madhuresh Prasad, J) shyambihari/- U T