Pawan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5593 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -BIHRA District- SAHARSA ====================================================== Pawan Kumar Singh S/o Late Dujendra Narayan Singh, Resident of Village- Panchgachhiya (Middle Tola), P.S. Bihra, District- Saharsa. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate For the State : Mr. Shardanand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-02-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The prayer for bail of the petitioner was earlier rejected on 9th September, 2014 in Cr. Misc. No.29863 of 2014. He has renewed his prayer for bail on the ground that another co-accused having more serious allegation has already been granted bail by a Bench of this Court on 19th November, 2014 in Cr. Misc. No.41735 of 2014. It has further been submitted that though the allegation has been made of recovery of two kilograms Ganja from the house of the petitioner but mandatory provisions of law prescribed under sections 42 and 50 of the NDPS Act have not been followed. Lastly, it has been contended that both the seizure witnesses are on inimical terms with the petitioner.
Patna High Court Cr.Misc. No.5593 of 2015 (2) dt.18-02-2015 2/2 Learned counsel for the State has opposed the prayer for bail.
Be that as it may, having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner for the present. Accordingly, the prayer for bail is rejected.
The petitioner is reported to be in custody since 2nd April, 2014. In that view of the matter, the learned Sessions Judge, Saharsa is directed to expedite the trial of Special Case No.8 of 2014 arising out of Bihra P.S. Case No.62 of 2014 and conclude the same as early as possible preferably within six months from the date of receipt/production of a copy of this order failing which the petitioner would be at liberty to renew his prayer for bail. (Ashwani Kumar Singh, J) Md.S./- U T