Gulam Rashul @ Guilam Rasool @ Bhuali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5266 of 2021 Arising Out of PS. Case No.-4 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== GULAM RASHUL @ GUILAM RASOOL @ BHUALI S/o Yashin Miyan R/o village- Shyampur Bazar, P.S.- Adapur, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with N.D.P.S. Case No. 8 of 2016 registered under sections 20(b)(2)(c) and 23(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. As per allegation in the F.I.R., 4.8 kgs of Charas is stated to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession He has remained in custody since 8.2.2016. The earlier application for bail of the petitioner was rejected vide

Patna High Court CR. MISC. No.5266 of 2021(3) dt.28-06-2021 2/3 order dated 18.7.2017 directing the learned Trial Court to expedite the trial. Inspite of all the prosecution witnesses having been examined, the trial has not concluded.

The application for bail is opposed by learned counsel for the opposite party.

Report was called for with respect to the stage of trial. As per the report received contained in Letter No. 101 dated 15.4.2021 of the 3rd Additional District and Sessions Judge, East Champaran, Motihari, all the prosecution witnesses have been examined in the year 2017 and the case is going on for argument on behalf of the prosecution.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Almost four years have been passed since the conclusion of the examination of prosecution witnesses. It is directed that the trial of the petitioner shall be concluded at the earliest preferably within four months of receipt of a copy of this order.

Let a copy of this order be communicated to the Assistant Solicitor General, Government of India as also to the

Patna High Court CR. MISC. No.5266 of 2021(3) dt.28-06-2021 3/3 Superintendent of Police, East Champaran.

(Partha Sarthy, J) Prakash/- U T