Jhutan Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35901 of 2020 Arising Out of PS. Case No.-100 Year-2018 Thana- DAGARUA District- Purnia ====================================================== Jhutan Mian, male, aged about 34 years, Son of Late Alam Mian, Resident of Village- 292 Laskarpara near Pratap Singh Club, West Pratap Nagar, Ward No.- 30, P.S.- Arundhuti Nagar, Agartala AMC West, District- Tripura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2021 Heard the counsel for the parties.

The petitioner seeks bail in connection with Special Case No. 07 of 2018 arising out of Dagarua P.S. Case No. 100 of 2018, dated 05.06.2018, instituted for the offences under Sections 8, 20(b) (ii) (c) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

30.495 kgs. of Ganja is said to have been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.35901 of 2020(3) dt.05-03-2021 2/3 However, looking at the period of custody of the petitioner, which is from 06.06.2018, this Court had called for a report about the stage of the case from the Court below on 22.01.2021.

The report indicates that out of nine prosecution witnesses, six have already been examined and summons have been issued to other witnesses.

Considering the present stage of the trial, this Court is not inclined to grant bail to the petitioner for the present.

The prayer for grant of bail of the petitioner is, accordingly, rejected.

However, the Trial Court is directed to expedite and conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order.

If there is no substantial progress in the trial and which delay would not be attributable to the petitioner, he would be at liberty to approach the Trial Court for grant of bail and in that event, the Trial Court would be required to

Patna High Court CR. MISC. No.35901 of 2020(3) dt.05-03-2021 3/3 state reasons for non-conclusion of the trial within the aforesaid period.

The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T