Mohan Mallah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2833 of 2017 Arising Out of PS.Case No. -446 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Mohan Mallah Son of Late Agnu Mallah, Resident of Village-Malah Toli Mohania, P.S. Mohania, District Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 Heard the parties.

This is an application for the offence under Sections 12, 21(B), 27(A) N.D.P.S. Act in connection with Bhabhua P.S.Case No.446 of 2016.

It is submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner but the only allegation is that the person from whom, 'Heroine' has been seized, has taken name of this petitioner that he is purchaser of the heroine and the petitioner is in custody for about six months. Heard learned A.P.P. also, who has opposed the prayer for bail of the petitioner.

Having heard both sides. Considering the allegation as well as the fact that the petitioner is also accused in another case of the

Patna High Court Cr.Misc. No.2833 of 2017 (2) dt.10-02-2017 2/2 similar nature, I am not inclined to grant bail to the petitioner but considering the contention of the learned counsel for the petitioner, the learned trial court is directed to expedite the trial and try to conclude it within a period of six months and if not concluded, the petitioner is at liberty to move for bail. The S.P., Kaimur at Bhabhua is directed to produce witnesses in the learned court below on every date as fixed. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U