Patna High CourtCR. MISC./38273/2020rejected

Nand Kishor Singh v. The State Of Bihar Through Superintendent Of Police, Economic Offence, Bihar, Patna

2021-03-25Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38273 of 2020 Arising Out of PS. Case No.-13 Year-2016 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Nand Kishor Singh Son of Late Ramprit Singh Resident of Village- Pakari, P.S.- Bihian, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar through Superintendent of Police, Economic Offence, Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP For the EOU :

Mr. V.N.P. Sinha, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-03-2021 Heard the parties.

The petitioner is languishing in custody for the offences punishable under Sections 8/20(b)(ii)(C)/25/29 of the N.D.P.S. Act in connection with Special Case No.72 of 2016, arising out of Economic Offence P.S. Case No. 13 of 2016. 587.70 Kgs of Ganja was allegedly recovered from behind the cabin of the referred truck. The petitioner was sitting on that truck.

In the past prayer for bail was refused first vide order dated 27.04.2017 passed in Cr. Misc. No.16978 of 2017 with direction to the trial Judge to expedite the trial. Thereafter, twice more prayer for bail was refused.

Patna High Court CR. MISC. No.38273 of 2020(3) dt.25-03-2021 2/2 The report of the trial Judge dated 19.03.2021 reveals that out of 11, 9 prosecution witnesses have already been examined and only two official witnesses are yet to be examined.

Learned counsel for Economic Offences Unit is appearing to oppose the prayer for bail, who is directed to ensure production of two official witnesses within two months. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused.

(Birendra Kumar, J) Mkr./- U T