Madan Nath @ Madan Ch. Nath @ Madan Chandra Nath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38725 of 2024 Arising Out of PS. Case No.-1 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Kishanganj ====================================================== Madan Nath @ Madan Ch. Nath @ Madan Chandra Nath Son Of Late Umaram Nath, R/o Village- Bainauja , P.S- Munguldoi, District - Darrang (Assam).

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajeev Ranjan, Advocate For the Opposite Party :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-07-2024 Heard Mr. Rajeev Ranjan, the learned counsel for the petitioner and Mr. Dilip Kumar No. 1, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 02.01.2022, in connection with CC No. 01 of 2022, giving rise to Special (NDPS) Case No. 03 of 2022, FIR dated 01.01.2022, registered for the offences punishable under Sections 20(b)(ii), (C) and 25 of the NDPS Act.

3.

Earlier the petitioner has moved before this Hon'ble Court for grant of bail in Cr. Misc. No. 28672 of 2022, which was rejected vide order dated 24.08.2022. 4.

According to the prosecution case, during the course of raiding the illegal liquor near Pothia Railway Dhala,

Patna High Court CR. MISC. No.38725 of 2024(3) dt.12-07-2024 2/3 the informant received information that ganja is transported in a white coloured car bearing registration no. AS01Ay-5050. It is further alleged as per received information, the aforesaid white car was checked and during search 42.100 kg of ganja was recovered.

5.

It appears from the FIR that altogether 42.10kg of ganja was recovered from the vehicle in question and petitioner was also apprehended along with the aforesaid contraband. 6.

Vide order dated 21.06.2024, a report was called for with regard to the stage of the trial, report of the learned trial Court dated 26.06.2024, reveals that out of six chargesheeted witnesses, three witnesses have already been examined. 7.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

8.

Considering the aforesaid facts and circumstances as well as the report of the learned trial Court, I am not inclined to enlarge the petitioner on bail in connection with CC No. 01 of 2022, giving rise to Special (NDPS) Case No. 03 of 2022, pending in the Court of learned Additional District and Sessions Judge-I-cum-Special Judge, Kishanganj.

9.

Prayer is refused.

Patna High Court CR. MISC. No.38725 of 2024(3) dt.12-07-2024 3/3 10.

However, the learned trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Shahnawaz/- U T