Bhajan Sarkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2415 of 2018 Arising Out of PS.Case No. -121 Year- 2016 Thana -BEGUSARAI GRP CASE DistrictBEGUSARAI ====================================================== Bhajan Sarkar, Son of- Sukesh Sarkar, resident of Village- Raspur, P.S.- Kotwali, District- Kuch Bihar (West Bengal).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajendra Narain, Sr. Advocate. Mr. Pawan Kr. Singh, Advocate.

For the Opposite Party/s : Mr. Abhay Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and the State. Prayer for bail of the petitioner was earlier rejected by this Court vide order dated 27.04.2017 passed in Cr. Misc. 9663 of 2017 with liberty to renew his prayer for bail after nine months, if no substantive progress is made in the trial.

It is alleged that total 40 kg. 300 grams of Ganja has been recovered from beneath Berth No. 50 of Rajdhani Express kept in a bag and the petitioner claims those articles in the bag belonging to him. The seizure list was prepared.

A report has been called for from the court below about current stage of the trial which has been received. From the report it appears that after framing of charge, out of total nine charge sheeted witnesses, six prosecution witnesses have been examined. In this

Patna High Court Cr.Misc. No.2415 of 2018 (3) dt.21-02-2018 2/2 manner, the trial has progressed substantially. Therefore, this Court is not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner stands rejected. The Trial Court is directed to conclude the trial as earlier as possible preferably within a period of six months from the date of receipt of this order.

The petitioner is given liberty to renew his prayer for bail in the court below itself in the event the trial is not concluded within a period of six months which will be disposed off by the court below in accordance with law. The trial court will give reason in the bail order for not concluding the trial within aforesaid period. (Sanjay Priya, J) S.Ali/- U T