Rohit Kumar Sahni @ Rohit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56067 of 2024 Arising Out of PS. Case No.-150 Year-2023 Thana- THAKURGANJ District- Kishanganj ====================================================== 1.
Rohit Kumar Sahni @ Rohit SON OF Nand Lal Sahni resident of Village -Mahuli Panchayat Agauthrnanda PS- Isuwapur Chapra, Dist- Chapra (saran) At present R/o- Buriyakhali, Chhitalghat, Budharugaon, PSFansiduwa, District- Darjeeling (WB) 2.
RAHIT SAHNI @ RAHIT @ SUHAHI @ RAAHIT SAHNI SON OF DILIP SAHNI Buriyakhali, Chhitalghat, Budharugaon, Ps- Fansiduwa, DistDarjeeling (WB) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-10-2024
1. Heard learned counsel for the parties.
2. The petitioners have renewed their prayer for grant of regular bail in connection with NDPS Case no. 41 of 2023, arising out of Thakurganj P.S Case no. 150 of 2023 registered under sections 17(b), 18(b), 21(b) and 22(b) of the NDPS Act.
3. As per the prosecution case, it is stated that the petitioners, who were on motorcycle, were arrested and on search being conducted, 43 grams of brown sugar was recovered from under the seat of the vehicle.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.56067 of 2024(3) dt.04-10-2024 2/3 earlier application for bail of the petitioners was rejected vide order dated 6.12.2023 passed in Cr. Misc. no.62803 of 2023. Inspite of the petitioners having remained in custody for more than one year since 14.7.2023 and charge having been framed, only two witnesses have been examined on behalf of the prosecution out of a total of nine chargesheet witnesses and there is no chance of the trial concluding in the near future. The petitioners be enlarged on bail and they undertake to cooperate in the trial.
5. The prayer for bail is opposed by learned A.P.P for the State.
6. A report was called for from the learned trial Court. As per the report received, charge has been framed in the case under the NDPS Act on 2.4.2024 and two witnesses out of seven witnesses have been examined till date. Learned APP has been directed to produce the unexamined witnesses.
7. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R, recovery of 43 grams of brown sugar from the motorcycle on which the petitioners were travelling and the trial having proceeded with examination of two prosecution witnesses, the Court is not inclined to enlarge the petitioners on
Patna High Court CR. MISC. No.56067 of 2024(3) dt.04-10-2024 3/3 bail and the application is rejected.
8. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Shiv/- U T