Om Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33522 of 2017 Arising Out of PS.Case No. -92 Year- 2016 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Om Prakash Sah, S/o Hardeo Sah, R/o Village - Bariyarpur, P.S. - Narpatganj, District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bidhan Chandra Jha, Advocate For the Opposite Party/s : Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 11-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Special Case No.12 of 2016 arising out of Narpatganj P.S. Case No.92 of 2016 instituted for the offence under Section(s) 8(C)/20(b)(ii)(b) of the NDPS Act pending in the Court of the Special Judge, Araria. Prayer of the petitioner for grant of bail was earlier rejected by this Court by order dated 17.01.2017 passed in Cr. Misc. No.41755 of 2016.

A report was called for from the Court below, which has been received. The Court below has reported that till date seven witnesses have been examined. The Court below has further submitted that trial is likely to be concluded within six months.

Patna High Court Cr.Misc. No.33522 of 2017 (4) dt.11-10-2017 2/2 In such circumstances, this Court is not inclined to enlarge the petitioner on bail at this stage. Prayer of the petitioner for grant of bail is rejected. Trial Court is directed to expedite the trial and make efforts to conclude the same within a period of six months as mentioned in the report from the date of receipt of a copy of this order by giving short adjournments in the case. Liberty is given to the petitioner to renew his prayer for bail in the Court below itself, which shall be considered in accordance with law, in the event trial is not concluded within the aforesaid period and in that event the Trial Court will assign reason for not concluding the trial within the aforesaid period. (Sanjay Priya, J) JA/- U T