Govinda Magar v. The Union Of India Through Inspector General, S. S. B. Frontier Head Quarter, Patna And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47057 of 2018 Arising Out of PS. Case No.-2162 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Govinda Magar, Son of Late Madan Magar, resident of 11, Rajab Ali Lane, P.O.- Khidderpur, P.S.- Ekbalpur, District- Kolkata, West Bengal. ... ... Petitioner/s

Versus

1. The Union of India through Inspector General, S. S. B. Frontier Head Quarter, Patna.

2. The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Anjani Kumar Sharan, A.S.G.

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in connection with NDPS Case No.70 of 2017 a case registered for the offences punishable under Sections 20/23/24 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The counter affidavit filed by the Union of India would reveal that eight prosecution witnesses have already been examined during trial. Submission of the learned counsel for the Union of India is that trial is likely to be concluded within six months positively.

From the possession of the petitioner and other associates 20 Kgs of Charas was recovered by the custom

Patna High Court Cr.Misc. No.47057 of 2018(5) dt.12-12-2018 2/2 authorities.

Submission of the learned counsel for the petitioner is that nothing was recovered from the physical possession of the petitioner.

Earlier this Court has refused the prayer for bail on 16.01.2018.

Considering the nature of allegation, I am still not inclined to enlarge the petitioner on bail. Hence, prayer is refused. If the trial is not concluded within a period of six months due to fault of the prosecution, the prosecution agency shall explain the reason for non-conclusion of the trial. (Birendra Kumar, J) Mkr./- U T