Patna High CourtCR. MISC./21768/2016rejected

Suresh Mahto v. The State Of Bihar

2016-10-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21768 of 2016 Arising Out of PS.Case No. -153 Year- 2014 Thana -RAXAUL District- EAST CHAMPARAN (MOTIHARI) ====================================================== Suresh Mahto, S/o Late Sewak Mahto, R/o Village - Pokhariya, P.S. Pokharia, District - Parsa ( Nepal ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-10-2016 Heard Sri Shiva Shankar Sharma, learned counsel for the petitioner, and learned A.P.P.

The petitioner seeks bail in NDPS P.S. Case No. 42 of 2014, arising out of Raxaul P.S. Case No. 153/2014 registered under Sections 20, 22, 23and 24 of the N.D.P.S. Act. The prayer for bail of the petitioner was earlier rejected vide order dated 23.04.2015 passed by this Court in Cr. Misc. No. 9292/2015. Commercial quantity of Ganja was recovered from the possession of the petitioner. A report was called for from the trial court. The trial court has reported that out of seven witnesses, five witnesses have already been examined and only two witnesses are yet to be examined. Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on bail in

Patna High Court Cr.Misc. No.21768 of 2016 (3) dt.26-10-2016 2/2 N.D.P.S. Case No. 42/2014, arising out of Raxaul P.S. Case No. 153 of 2014. Accordingly, the same is rejected. The trial court is directed to hold trial on day-to-day basis and conclude the same within six months, as sought for by the trial court itself, from the date of receipt / production of a copy of this order.

The Superintendent of Police, East Champaran, Motihari is directed to ensure attendance of the remaining witnesses so that the trial must be concluded within the time. (Prabhat Kumar Jha, J) Dilip/- U T