Kausar Ali @ Kawshar Ali @ Kaishar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56670 of 2021 Arising Out of PS. Case No.-37 Year-2020 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Kausar Ali @ Kawshar Ali @ Kaishar Ali, S/o Babujan Miya, R/o villageIndarva Rafi, P.S.- Gopalganj, District- Gopalganj, Bihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr. Mrityunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-08-2022 In the present application, the petitioner has renewed his prayer for grant of bail in connection with Gopalganj P.S. Case No.37 of 2020 registered for the offences punishable under Sections 8(c) and 20(a) of the Narcotic Drugs and Psychotropic Substances Act.

The prayer for grant of bail of the petitioner was earlier rejected vide order dated 15.01.2021 on the ground that 5.79 grams of smack was recovered from his possession. It is fairly conceded by the learned counsel for the petitioner that by now five out of nine charge-sheet witnesses have already been examined.

Considering the nature of the offence and the progress of trial, I am not inclined to grant bail to the petitioner for the present. The application is rejected.

Patna High Court CR. MISC. No.56670 of 2021(3) dt.10-08-2022 2/2 The trial court is directed to hold the trial on dayto-day basis and conclude the same within a period of seven months from the date of receipt/production of a copy of the order.

In case, the trial is not concluded within the stipulated period of seven months, the petitioner would be at liberty to renew his prayer for bail before the trial court itself. Under such circumstance, the trial court will have to assign reason for the delay in completion of trial while disposing of the prayer for bail of the petitioner on merit.

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