Patna High CourtCR. MISC./47433/2017disposed

Sanjeet Kumar @ Sanjeet Kumar Rai v. The State Of Bihar

2018-01-03Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47433 of 2017 Arising Out of PS.Case No. -34 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Sanjeet Kumar @ Sanjeet Kumar Rai, son of Chulhai Rai, resident of Village- Daulatpur, P.S. Hajipur Sadar District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-01-2018 Heard the counsels for the parties.

The petitioner seeks bail in connection with Vaishali (Belsar O.P.) P.S. Case No. 34/2016 dated 02.02.2016 instituted for the offences under Sections 17, 22 and 23 of the N.D.P.S. Act. On two motorcycles, four accused persons including the petitioner were apprehended with 44kgs of ganja. Learned counsel for the petitioner has submitted that if the recovered narcotics is apportioned individually, the petitioner would be said to be in possession of approximately 11kgs of ganja, which is less than the commercial quantity. Be that as it may, in the case of the other accused persons, a Bench of this Court has rejected their prayer for bail on the ground that out of 14 cited prosecution witnesses, 8 witnesses

Patna High Court Cr.Misc. No.47433 of 2017 (4) dt.03-01-2018 2/2 have already been examined and a submission was made that the trial is likely to be concluded within a period of four months. For the aforesaid facts, this Court is not inclined to grant bail to the petitioner for the present. However, it is directed that the trial of the petitioner be expedited and concluded within a period of four months. If the trial is not concluded within the aforesaid period, without there being any laches on the part of the petitioner, it will be open for the petitioner to approach this Court again for grant of bail. With the aforesaid observation, the present bail petition is disposed off.

(Ashutosh Kumar, J.) Rakhi U T