Patna High CourtCR. MISC./34468/2024bail rejected

Khurshid Khan v. The State Of Bihar

2024-07-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34468 of 2024 Arising Out of PS. Case No.-11 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== Khurshid Khan son of Jubair Khan Mohalla- Rauja, Ward No.28, P.S- Ara Town, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-07-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Barachatti P.S. Case no.11 of 2019 registered under sections 8, 20(b)(ii)(c), 25 and 29 of the NDPS Act.

3. As per the prosecution case, 57.5 kgs of ganja was recovered concealed in a specially made chamber inside the vehicle being driven by this petitioner.

4. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide orders dated 8.6.2020, 10.12.2021 and 3.11.2023 passed in Cr. Misc. no. 75105 of 2019, Cr. Misc. no. 30666 of 2021 and Cr. Misc. no. 44262 of 2023 respectively. Inspite of the petitioner having remained in custody since 9.1.2019 the trial has still not

Patna High Court CR. MISC. No.34468 of 2024(4) dt.12-07-2024 2/2 concluded.

5. The application for bail is opposed by learned APP for the State.

6. A report was called for from the learned trial Court. As per the report received, eight chargesheet witnesses have examined and the prosecution evidence closed on 9.5.2024. 28.5.2024 was the date fixed for statement under section 313 Cr.P.C.

7. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the trial having neared its conclusion, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

8. Learned trial Court is directed to expedite and conclude the trial within a period of four months from the date of receipt/production of a copy of this order. (Partha Sarthy, J) Bibhash U