Patna High CourtCR. MISC./47445/2018disposed

Shanish Kumar @ Chhote @ Shanni Kumar v. The State Of Bihar

2018-11-28Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47445 of 2018 Arising Out of PS. Case No.-52 Year-2016 Thana- JIRADEI DistrictSiwan ========================================== Shanish Kumar @ Chhote @ Shanni Kumar Son of Janka Sah, resident of Village- Dakhin Tola, Siwan, P.S.- Siwan, DistrictSiwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Sri Surendra Prasad Singh ========================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-11-2018 The petitioner has renewed his prayer for bail in connection with Jiradei P.S. Case No. 52 of 2016(Trial No. 87/16) instituted for the offences under Sections 20 and 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985. The prayer for bail of the petitioner was earlier rejected vide order dated 03.01.2018.

It has been submitted on behalf of the petitioner that 190 grams of Charas was allegedly recovered from his possession and the person from whose possession bigger quantity of narcotics was recovered, has been granted bail

Patna High Court Cr.Misc. No.47445 of 2018(3) dt.28-11-2018 2/2 by a Bench of this Court. However, this argument did not find favour with this Court and the prayer for bail of the petitioner was rejected.

The report which has been received from the Trial Court about the stage of the case indicates that only five witnesses have been named in the charge-sheet and all of them are Police witnesses. Despite this, the trial has not concluded even when the petitioner has remained in jail for about two years.

It appears that two witnesses have already been examined and the rest are in the process of being examined. The Trial Court is, therefore directed to conclude the trial, preferably within a period of six months, failing which the petitioner would be at liberty to approach this Court again for grant of bail.

(Ashutosh Kumar, J) Shageer/- U T