Munna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29860 of 2020 Arising Out of PS. Case No.-73 Year-2019 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

MUNNA MAHTO Son of Badri Mahto Resident of Village - Nurulha Dih, Bhatwalia, P.S.- Sangrampur, District - East Champaran 2.

Sunardeo Mahto @ Sukhdeo Mahto Son of Late Guljar Mahto Resident of Village - Nurulha Dih, Bhatwalia, P.S.- Sangrampur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case for the offence registered under Sections 20 and 22 of the N.D.P.S. Act. Earlier prayer for bail of the petitioners was rejected vide Annexure-1 to the present application taking into account that there was recovery of 90 kg of Ganja from the constructive possession of the petitioners. The petitioners were not entitled for grant of bail as per Section 37 of the N.D.P.S. Act. A report was called for from the trial court. It has been reported that charge has not been framed in this case. It has also been reported that the trial is expected to be concluded within a

Patna High Court CR. MISC. No.29860 of 2020(3) dt.03-02-2021 2/2 period of one year.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the nature of allegation, I am not inclined to grant bail to the petitioners. Accordingly, prayer for bail of the petitioners in connection with N.D.P.S. Case No. 31 of 2019 arising out of Chhauradano (Mahuawa) P.S. Case No. 73 of 2019 is rejected.

Learned trial court is directed to take all necessary steps to conclude the trial of the petitioners preferably within a period of one year from the date of receipt/production of copy of this order.

The District Magistrate and the Superintendent of Police, Motihari, East Champaran 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 one year.

Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Motihari, East Champaran for needful.

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