Chulhai Das @ Chulai Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25300 of 2018 Arising Out of PS.Case No. -21 Year- 2017 Thana -BYPASS District- PATNA ======================================================
1. Chulhai Das @ Chulai Das, son of Late Kailash Das, resident of Rustampur, Kajrautia Tola, P.S.- Raghopur, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. Atul Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the parties. Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 30.03.2017 passed in Cr. Misc. No. 15230 of 2017 with a direction to expedite the trial within a period of one year.
The allegation against the petitioner is that there is alleged recovery of 16 Kg. Ganja but the same has not been recovered from the possession of the petitioner rather from chowki of Dhaba.
Submission of the learned counsel for the petitioner that he is in custody since 16 months and up till now, no substantive progress has no substantive progress has been made in the trial. Heard learned A.P.P. who opposes the prayer for bail.
Patna High Court Cr.Misc. No.25300 of 2018 (3) dt.16-05-2018 2/2 From perusal of the report, it appears that out of seven charge sheeted witnesses, two witnesses have been examined. In such view of the matter, I am not inclined to grant bail to the petitioner at this stage and it is accordingly rejected. However, since the petitioner is in custody since 05.02.2017 and accordingly, prayer for anticipatory bail is rejected with a direction to the learned trial Court to expedite the trial as soon as possible.
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) Sudha/- U T