Patna High CourtCR. MISC./52786/2024bail rejected

Suraj Sah v. The State Of Bihar

2024-08-30Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52786 of 2024 Arising Out of PS. Case No.-67 Year-2023 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.

Suraj Sah Son of Late Ameri Sah R/O Vill.- Jogaha, Ward no.1, P.s.- Jainagar, Dist.- Gaur, Nepal 2.

Lal Babu Sah Son of Late Ameri Sah R/O Vill.- Jogaha, Ward no.1, P.s.- Jainagar, Dist.- Gaur, Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-08-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have renewed their prayer for grant of regular bail in connection with Kundwa Chainpur P.S. Case no. 67 of 2023 registered under sections 20(b)(ii)(b) and 23(b) of the N.D.P.S. Act.

3. As per the prosecution case, on the two petitioners who were on a bicycle being stopped and searched, it is stated that a sachet was recovered from the possession of the petitioner

Patna High Court CR. MISC. No.52786 of 2024(3) dt.30-08-2024 2/3 no. 1 and from a bag on the bicycle, 990 grams of charas was recovered.

4. Learned counsel for the petitioners submits that the earlier prayer for bail of the petitioners was rejected vide order dated 13.12.2023 (Annexure-P/1) passed in Cr. Misc. no. 42546 of 2023. Inspite of the petitioners being in custody since 17.4.2023, there is no progress what-so-ever in the learned trial Court and no witness has been examined on behalf of the prosecution. The petitioners have no criminal antecedent and the alleged quantity of substance recovered is less than the commercial quantity.

5. The application for bail is opposed by learned APP for the State.

6. Report was called for from the learned trial Court. As per the report received summons has been issued for appearance of the witnesses.

7. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioners in the F.I.R wherein it is stated that a total of 990 grams of Charas was recovered, the Court is not inclined to enlarge the petitioners on bail and the application is rejected.

8. The learned trial Court is directed to expedite the

Patna High Court CR. MISC. No.52786 of 2024(3) dt.30-08-2024 3/3 trial.

9. Liberty is granted to the petitioners to renew their prayer for bail after six months if there is no progress in the trial in the learned trial Court.

(Partha Sarthy, J) Harsh/- U T