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Patna High CourtCR. MISC./29484/2016dismissed

Mukesh Sah v. The State Of Bihar

2016-09-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29484 of 2016 Arising Out of PS.Case No. -133 Year- 2013 Thana -PARIHAR District- SITAMARHI ======================================================

1. Mukesh Sah Son of Shivaji Sah Resident of village - Bara, P.S. Parihar, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2016 Heard learned counsels for the petitioner and the State. The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 20,22 and 23 of the N.D.P.S. Act.

The petitioner was found in possession of 20 packets of Charas contained in 20 packets.

Earlier the prayer for bail was rejected by a co-ordinate bench of this Court (since retired) vide order dated 10.2.2014 passed in Cr. Misc. No. 54237 of 2013.

The report of the ADJ-I, Sitamarhi dated 12.8.2016 reflects that out of ten prosecution witnesses eight have been examined including the I.O. and the informant and for the rest two, processes have been issued.

Patna High Court Cr.Misc. No.29484 of 2016 (4) dt.21-09-2016 2/2 Considering the commercial quantity of recovery, embargo under section 37 of the NDPS Act for grant of bail as well as the advanced stage of the trial, this court is not inclined to grant bail to the petitioner in connection with Trial No. 15 of 2013/ 34 of 2013 arising out of Parihar P.S. Case No. 133 of 2013 pending in the court of learned ADJ - I cum- Special Judge, Sitamarhi.

This application is, accordingly, dismissed.

However, let the trial be concluded expeditiously. (Dinesh Kumar Singh, J) Anil/- U T