Shafi Alam @ Safi Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63303 of 2024 Arising Out of PS. Case No.-67 Year-2021 Thana- MANJHAGARH District- Gopalganj ====================================================== Shafi Alam @ Safi Alam S/o- Rabudding Miya @ Ravdin @ Ravdin Miyan Vill- Bhojpurwa PS-Manjhagarh Distt -Gopalganj ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Union of India through the Director Narcotics Control Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Adv.
For the State :
Mr. Narendra Kumar Singh, APP For the UOI :
Ms. Shail Kumari, C.G.C ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-11-2024 Heard Learned Counsel for the petitioner, Learned A.P.P. for the State and Learned Counsel for the Union of India.
2. The petitioner seeks regular bail in connection with Sessions Trial No.15 of 2021 arising out of Manjhagarh P.S. Case No. 67 of 2021 dated 25.02.2021, lodged under Sections 399, 402 & 414 of the Indian Penal Code, sections 25(1-b)(a), 26(1) & 35 of the Arms Act read with sections 8, 20(b)(ii)(b) & 29 of the N.D.P.S Act pending before the Court of Additional District Judge-I, Gopalganj.
3. Learned Counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected twice
Patna High Court CR. MISC. No.63303 of 2024(3) dt.14-11-2024 2/3 vide order dated 15.02.2023 passed in Cr. Misc. No. 56477 of 2022 and vide order dated 22.12.2023 passed in Cr. Misc. No. 77063 of 2023 with liberty granted to the petitioner that if, within six months trial shall not be concluded, the petitioner may renew his prayer for bail. Counsel further submits that vide order no.2 dated 04.09.2024, a report about the present stage of the trial has been called for and from the said report, it transpires that out of six charge-sheet witnesses, four witnesses have been examined and two witnesses are yet to be examined.
4. It transpires to this Court that earlier also, the status was same and no progress took place.
5. In this background, the Superintendent of Police, Gopalganj is directed to do the needful so that the SHO concerned shall produce the charge-sheet witnesses before the Trial Court in connection with Sessions Trial No.15 of 2021 arising out of Manjhagarh P.S. Case No. 67 of 2021 within two months from the date of production of this order.
6. Learned APP for the State opposes the prayer for bail of the petitioner.
7. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected at
Patna High Court CR. MISC. No.63303 of 2024(3) dt.14-11-2024 3/3 present.
8. Office is directed to transmit a copy of this order to the Superintendent of Police, Gopalganj through fax, e-mail or any other mode forthwith. Learned Counsel for the Union Of India is also directed to communicate this order to the Superintendent of Police, Gopalganj.
(Dr. Anshuman, J) Divyansh/- U T