Nand Kishore Singh v. The State Of Bihar Through Suprindent Of Police Economic Offence, Bihar. Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45288 of 2019 Arising Out of PS. Case No.-13 Year-2016 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== NAND KISHORE SINGH Son of Late Ramprit Singh Resident of Village - Pakari, P.S.- Bihian, Distt - Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR THROUGH SUPRINDENT OF POLICE ECONOMIC OFFENCE, BIHAR. PATNA Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ansul For the Opposite Party/s :

Mr.Vmp Sinha (Eou) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and the learned Addl. P.P. for the State.

The petitioner seeks bail in Special Case No. 72/2016, arising out of Economic Offence P.S. Case No. 13/2016, instituted for offence under Sections 8/20(b)(ii)(c)/25 and 29 of NDPS Act.

Earlier prayer for bail of petitioner was twice rejected by this Court vide order dated 27.04.2017 passed in Cr. Misc. No. 16978/2018 and order dated 07.02.2018 passed in Cr. Misc. No. 1695/2018. By subsequent order petitioner was given liberty to renew prayer for bail in the event trial is not concluded within nine months.

It is alleged that total 587.70 kg of Ganja was

Patna High Court CR. MISC. No.45288 of 2019(3) dt.14-08-2019 2/3 recovered from a special chamber constructed behind the cabin of a truck kept in sealed 26 gunny bags. Petitioner was found sitting in the aforesaid truck. He could not give any valid explanation regarding seized Ganja from the truck. Report from the court below regarding present stage of trial has been received from which it appears that altogether nine charge-sheet witnesses have been examined by the prosecution. Case is pending for evidence of prosecution witness. A petition has been filed under Section 311 of the Cr.P.C. for recalling P.W. 9. It is mentioned in the report that trial is likely to be concluded within six months. From the report this Court finds that trial has progressed sufficiently.

In view of such, this Court is not inclined to grant bail to petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

Petitioner is in custody since 24.09.2016.

The trial court is directed to expedite the trial. The trial court will consider the custody of petitioner and will make all efforts to conclude the trial within a period of six months from the date of receipt/production of copy of this order either by fixing the case on day to day basis or by giving

Patna High Court CR. MISC. No.45288 of 2019(3) dt.14-08-2019 3/3 short adjournment and send compliance report. (Sanjay Priya, J) rakhi/- U T