Sandrika Prasad Sah @ Bhagatjee @ Mukhiyajee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44592 of 2023 Arising Out of PS. Case No.-38 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== SANDRIKA PRASAD SAH @ BHAGATJEE @ MUKHIYAJEE son of Mukhalal Sah Resident of Village- Pachrukha Lakhansen PS - Banjariya DistEast Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through Lallan Kumar, Inspector(Private Customs Preventive) Motihari Bihar 3.

The Directorate of Revenue Intelligence through Regional Director, Muzaffarpur, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vikash Kumar Pankaj, Advocate For the State : Mr. Mukesh Kumar Singh, A.P.P.

For the D.R.I. & the Customs : Mr. Anshuman Singh, Sr. Standing Counsel ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2023

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned Senior Counsel for the DRI and the Customs.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 8 and 20(b)(ii)(c) of the NDPS Act, 1985.

3. This is the fourth attempt on behalf of the petitioner seeking regular bail in a case of NDPS.

4. It is not in dispute that the prosecution witnesses have been examined and from the side of the prosecution none remains to be examined.

Patna High Court CR. MISC. No.44592 of 2023(7) dt.01-12-2023 2/2

5. Learned counsel for the petitioner submits that it is the defence witnesses who are now to be examined but the Court is not proceeding with the trial for the reason that some of the accused persons are absconding.

6. Learned Senior Counsel appearing for the DRI and the Customs submits that the Court presently is vacant and is being manned by an In-Charge Court.

7. Since the recovery of narcotics is huge, as such, the Court is not inclined to release the petitioner on bail in connection with NDPS Case No. 38 of 2019 arising out of Custom Case No. VIII (10)08/CUS/Seiz/NDPS/MTH 19-20 pending in the Court of learned Additional Sessions Judge-Icum-Special Judge, East Champaran, Motihari/successor Court.

8. Accordingly, the prayer for bail is refused. (Satyavrat Verma, J) Kundan/- U T