Shivchandra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33991 of 2014 Arising Out of PS.Case No. -45 Year- 2008 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Shivchandra Kumar Son of Ram Brich Das Resident of Village - Badra, P.S. - Pear, District - Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madhusudan Kumar For the Opposite Party/s : Mr. Abhay Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.
The petitioner seeks bail in a case for the offences punishable under sections 30 (B) (i), 22 and 23 of N.D.P.S. Act. The learned counsel for the petitioner wants to reconsider prayer for bail which has already been rejected by this Court thrice in Cr. Misc. Nos. 48552/2008, 10035/2010 and 23010/2012 by orders dated 05.03.2009, 30.06.2010 and 03.07.2012 respectively considering the recovery of 305 kgs of Ganja from a Jeep which was being driven by the petitioner on the ground that up till now the case has not been concluded and the petitioner is suffering in custody since 24.05.2008. The witnesses
Patna High Court Cr.Misc. No.33991 of 2014 (4) dt.16-02-2015 2/2 examined in the Court have not supported the prosecution case to which the learned A.P.P. opposes by submitting that from perusal of the impugned order it reveals that five witnesses have supported the prosecution case.
Report has been received and from perusal of the report it reveals that eight witnesses have already been examined out of 19 charge-sheeted witnesses.
Considering the submissions urged at the bar, going through the records and noticing that the trial is under progress and prayer for bail of the petitioner has been rejected thrice and finding no good ground for consideration, the prayer for bail of the petitioner is again hereby rejected in connection with N.D.P.S. Case No. 52 of 2008, arising out of Chiraiya P.S. Case No. 45 of 2008/ G.R. No. 333 of 2008 pending in the Court of Ist Additional Sessions Judge, Motihari (East Champaran).
However, the Trial Court is directed to expedite the trial and conclude the same as early as possible preferably within a period of six months with taking all possible steps. (Jitendra Mohan Sharma, J) Abhay/- U T