Nawal Sahani @ Naval Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38402 of 2022 Arising Out of PS. Case No.-146 Year-2020 Thana- BHAGWANPUR District- Vaishali ====================================================== NAWAL SAHANI @ NAVAL SAHANI S/o Sri Lal Babu Sahni Resident of Village- Ram Math, Police Station- Belsar (O.P.), Vaishali, District- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmesh Kumar, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-09-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case registered under sections 20, 22, 23, 24, 27, 27(A) and 29 of the N.D.P.S. Act.

As per the prosecution case, 1 kg of Charas is said to have been recovered from the possession of the petitioner. It may be stated here that the substance recovered was, as per the report of the Forensic Science Laboratory, has been confirmed to be Charas (Hashish).

It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 30.11.2021 (Annexure-1). Inspite of the petitioner being in custody since 26.6.2020 and the witnesses being officials, only two out of the six witnesses have been examined

Patna High Court CR. MISC. No.38402 of 2022(4) dt.28-09-2022 2/2 on behalf of the prosecution and there is no chance of the trial concluding in the near future. The petitioner undertakes to cooperate in the trial.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the recovery of 1 kg of Charas which has been confirmed from the report of the Forensic Science Laboratory, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Taking into consideration that the witnesses are officials in nature, it is directed that the learned trial court will expedite the trial and conclude the same within a period of six months from the date of receipt of this order in the learned trial court.

Let a copy of this order be sent to the Superintendent of Police, Vaishali to ensure the appearance of the witnesses in the trial.

(Partha Sarthy, J) Saurabh/- U T