Patna High CourtCR. MISC./44232/2016rejected

Suleman Mian v. State Of Bihar And ANR

2017-01-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44232 of 2016 Arising Out of PS.Case No. -301 Year- 2013 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Suleman Mian Son of Late Nathu Mian Resident of Village-Bare Pareuya Ward No. 1 P.S. Raxaul (O.P. Haraiyan), District-East Champaran .... .... Petitioner

Versus

1. The State of Bihar

2. The Union of India through S.S.B. 13. B Batalian Pipra Kothi East Champaran .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 20, 22, 23, 24 of N.D.P.S. Act. The learned trial court has reported that case is pending for recording the defence evidence and the trial court has also mentioned in his report that hearing of N.D.P.S. Case No. 155 of 2013 is going on day to day basis and shall be concluded within one and half months from the date of closing of defence evidence. 4.5 kg. charas is said to have been recovered from the house of the petitioner.

Patna High Court Cr.Misc. No.44232 of 2016 (4) dt.18-01-2017 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with N.D.P.S. Case No. 155 of 2013 arising out of Raxaul P.S. Case No. 301 of 2013 pending in the court of 1st Additional Sessions Judge, East Champaran, Motihari stands rejected. However, the trial court must conclude the trial of the petitioner within time as framed by the trial court itself. (Hemant Kumar Srivastava, J) SHAHZAD/- U T