Patna High CourtCR. MISC./2424/2016rejected

Shiv Jee Mahto @ Shivnath Matho @ Shiva Jee Mahto v. The State Of Bihar

2016-01-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2424 of 2016 Arising Out of PS.Case No. -191 Year- 2002 Thana -SITAMARHI District- SITAMARHI ====================================================== Shiv Jee Mahto @ Shivnath Mahto @ Shiva Jee Mahto, S/o Late Bahadur Mahto, Resident of Vill-Ladha, P.S.- Kemtaul Dist- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s : Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The present application under Section 438 of the Code of Criminal Procedure has been preferred for grant of prearrest bail in Sitamarhi P.S. Case No. 191 of 2002 for the offences punishable under Sections 20, 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act. The prayer for grant of anticipatory bail of the petitioner in the aforesaid case had already been rejected by a Bench of this Court as back as on 31st January, 2003. Evidently, the petitioner being a named accused in a case under the NDPS

Patna High Court Cr.Misc. No.2424 of 2016 (2) dt.20-01-2016 2 / 2 Act is evading arrest since 2002.

Regard being had to the gravity of the offence as also the conduct of the petitioner, the prayer for grant of pre-arrest bail is hereby rejected.

The Superintendent of Police, Sitamarhi is directed to take all possible steps to ensure the arrest of the petitioner without any delay. The learned Special Judge, Sitamarhi, before whom Sitamarhi P.S. Case No. 191 of 2002 is pending, is directed to take effective steps in order to ensure apprehension of the petitioner so that he may be put on trial. Let a copy of the order be transmitted to the Superintendent of Police, Sitamarhi.

(Ashwani Kumar Singh, J.) Sanjeet/- U T