Rajan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47931 of 2022 Arising Out of PS. Case No.-443 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== RAJAN RAM Son of Vishun Ram R/V- Madhuban Kanti, P.S- Minapur, DistMuzaffarpur, State- Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-12-2022 Heard Mr. Nachiketa Jha, learned counsel for the petitioner and Mr. Braj Kishore Pd., learned A.P.P. for the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with N.D.P.S. Case No. 66 of 2020 in Muzaffarpur Sadar P.S. Case No. 443 of 2020, for the offence punishable under Sections 20/22 of N.D.P.S. Act.

Learned counsel for the petitioner submitted that the petitioner who is an under trial is in custody since 14.08.2020. Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 03.02.2022 passed in Cr. Misc. No. 70714 of 2021. A report was called for by this Court vide order dated 16.11.2022 and in compliance of the same, learned Additional Sessions Judge-II, Muzaffarpur vide letter no. 337

Patna High Court CR. MISC. No.47931 of 2022(3) dt.14-12-2022 2/2 dated 23.11.2022 has informed that the FSL report received confirms the seized material containing T.H.C. (Tetra Hydro Cannabinal) which is narcotics.

In such circumstances, this Court is not inclined to enlarge the petitioner on bail.

The Senior Superintendent of Police, Muzaffarpur is directed to produce all the prosecution witnesses on the next date fixed by the trial Court.

The learned Additional Sessions Judge-II, Muzaffarpur, has not informed about the next date of trial. This Court directs the Additional Sessions Judge-II, Muzaffarpur to fix the date of trial forthwith. He is further directed to inform to that effect to the Senior Superintendent of Police, Muzaffarpur so as to produce all the summoned witnesses on the date fixed by the trial Court without fail. In case, if there is any deliberate laches on the part of the prosecution, the petitioner has liberty to renew his prayer for bail.

(Purnendu Singh, J) aditya/minu U T