Patna High CourtCR. MISC./46625/2017dismissed

Saket Anand v. The State Of Bihar

2017-12-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46625 of 2017 Arising Out of PS.Case No. -239 Year- 2016 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Saket Anand Son of Arbind Deo Resident of village- Bihra, Police Station- Bihra, District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Kishanpur P.S. Case No. 239 of 2016 corresponding to Special Case No. 13 of 2016 instituted for the offence under Sections-20, 22 of NDPS Act.

It is alleged in the written report that this petitioner was apprehended on the spot along with one Hundai Eon Car. Two persons managed to run away. The police had got confidential information that 2-3 persons were going in a car in village Andauli Chowk with illegal item. Thereafter, police apprehended the car on which, this petitioner was found sitting and he was apprehended. Total 26 kgs Ganja was recovered from the dicky of the aforesaid car. Case diary has been received.

Learned APP has submitted that FSL report is available in the case diary wherein it is mentioned that seized articles were Ganja.

Patna High Court Cr.Misc. No.46625 of 2017 (4) dt.13-12-2017 Seizure list bears signature of the petitioner. Therefore, this court is not inclined to enlarge the petitioner on bail.

Accordingly, prayer for bail of the petitioner is rejected. Learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible preferably within a period of nine months from the date of receipt of copy of this order by giving short adjournment in the case. In the event, the trial of the petitioner is not concluded within the aforesaid period of nine months, the petitioner will be at liberty to renew his prayer for bail in the court below itself, which shall be disposed of by the court below in accordance with law and the court below will give reasons in the order for not disposing of the trial within the aforesaid period. Learned Trial court will issue letters to the Superintendent of Police, Supaul in advance to produce the prosecution witnesses in the court below, for their evidence in the case.

(Sanjay Priya, J) A.K.V./- U T