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Patna High CourtCR. MISC./59750/2023rejected

Pappu Kumar @ Pappu Kumar Sah v. The State Of Bihar

2023-11-03Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59750 of 2023 Arising Out of PS. Case No.-338 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== PAPPU KUMAR @ PAPPU KUMAR SAH S/O LATE BHIKHARI SAH VILLAGE- AMAR CHHATAUNI, PS- MUFFASIL MOTIHARI, DISTEAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ansul, Advocate Mr. Kundan Rathore, Advocate.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-11-2023 Heard Mr. Ansul, learned counsel for the petitioner and Mr. Sunil Kumar Pandey, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 4.9.2021 in connection with NDPS Case No. 82 of 2021 arising out of Chhatauni P.S. Case No. 338 of 2021 dated 3.9.2021 registered for the offence under Section 414 of the Indian Penal Code, 25(1-b)a 26, 35 of the Arms Act and Sections 8, 20(B) (C)(ii) of the NDPS Act.

3. Recovery is of 2.2 Kg. of Charas along with 9 Kg. of silver jewelry.

4. Earlier bail petitions of the petitioner was rejected twice by this Court vide order dated 16.8.2022 and 3.5.2022 respectively passed in Cr. Misc. 7431 of 2022 and 28685 of

Patna High Court CR. MISC. No.59750 of 2023(3) dt.03-11-2023 2/2 2023.

5. Vide order dated 22.9.2023, a report was called for from the learned trial court with regard to present stage of the trial and the same is received. The report dated 22.9.2023 reveals that out of five charge sheet witnesses, three witnesses have already been examined and the case is pending for examination of rest two witnesses.

6. Considering the report of the learned trial court, I am not inclined to enlarge the petitioner on bail in connection with NDPS Case No. 82 of 2021 arising out of Chhatauni P.S. Case No. 338 of 2021 pending in the court of learned 1st Additional Sessions Judge-cum-Spl. Judge, East Champaran, Motihari.

7. Prayer is refused.

8. However, the trial court is directed to expedite the trial and conclude the trial at the earliest. (Rajesh Kumar Verma, J) S.Ali/- U T