Sanjay Kamkar @ Sanjay Kumar @ Sanjay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8864 of 2018 Arising Out of PS.Case No. -76 Year- 2014 Thana -BRAHMPUR District- BUXAR ====================================================== Sanjay Kamkar @ Sanjay Kumar @ Sanjay Sah .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yogendra Prasad Sinha For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2018 Heard both sides.
The petitioner seeks bail in Brahmpur P.S. case No. 76 of 2014 registered under Section 20(b)(ii)(c)/27(A) and 29 of Narcotic Drugs and Psychotropic Substances Act and under Section 47(A) of Excise Act.
The learned counsel appearing on behalf of the petitioner submits that prayer for bail of the petitioner was earlier rejected vide orders dated 10.09.2014 and 03.08.2016. The argument of the petitioner had already been concluded in the year 2017 and the case was fixed for judgment but in the meantime the Presiding Officer was transferred and the petitioner is languishing in jail since 27.03.2014 and the case is still pending. A report was called for and the learned Additional Sessions Judge II-cum-Special Judge vide his letter no. 40 dated
Patna High Court Cr.Misc. No.8864 of 2018 (3) dt.16-05-2018 2/2 11.05.2018 has reported that while the argument was going on the Presiding Officer was transferred. The Presiding Officer has joined on 10.05.2018.
Taking into consideration the fact that only argument is to be finished, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The Trial Court is directed to hear the argument of both sides on day to day basis and deliver the judgment within two months from the date of receipt/production of a copy of this order. Let a copy of this order be sent to the Trial Court forthwith.
(Prabhat Kumar Jha, J) BKS/- U T