Kapil Mukhiya v. U.O.I. Ncb Patna Unit Cgo Complex , D And E Block Karpuri Sadan Patna Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26863 of 2020 Arising Out of PS. Case No.-47 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

KAPIL MUKHIYA S/o Phagu Mukhiya Resident of Village- Sugha Bhawanipur, P.S.- Kangli, District- West Champaran. 2.

Valmiki Mahato S/o Sukul Mahato Resident of Village- Jagnathpur, P.S.- Sharva, District- Parsa, Nepal ... ... Petitioner/s

Versus

U.O.I. NCB PATNA UNIT CGO COMPLEX , D AND E BLOCK KARPURI SADAN PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Rajesh Kumar, Advocate For Union of India :

Dr. K. N. Singh, A.S.G. of India Mr. Manoj Kumar Singh, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

A supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

Heard learned counsel for the petitioner and learned A.S.G. for the Union of India through virtual mode. The petitioner seeks bail in N.D.P.S. case No.80 of 2018 arising out of NCB/PZU/V/47 of 2018 registered under Sections 8 and 20 of the N.D.P.S. Act, pending in the court of Sessions Judge/Special Judge, East Champaran, Motihari.

Patna High Court CR. MISC. No.26863 of 2020(3) dt.28-01-2021 2/2 The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that 37 kgs ganja and 904 grams charas were said to have been recovered from the petitioner.

A report was called for from the trial court. It has been reported that altogether five prosecution witnesses are to be examined and the trial is expected to be concluded within a period of one year.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T