Manmit Singh @ Rishi Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65087 of 2023 Arising Out of PS. Case No.-466 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== Manmit Singh @ Rishi Sardar, Son of Late Amarjeet Singh R/o Punjabi Colony, Chitkohara, P.S. - Gardanibagh, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Special Case No. 130 of 2021, arising out of Patliputra P.S. Case No. 466 of 2021 for the offences registered under Sections 20(b) (ii)(c) of the NDPS Act and Sections 25(1-b)a, 26/35 of the Arms Act.

3. As per the prosecution case, the petitioner along with two other co-accused persons namely, Rahul Kumar and Amit Kumar Singh @ Biru @ Shekhar tried to flee away on Swift Desire Car bearing Registration No. BR 01EQ-7473 which was intercepted and there was recovery of loaded pistol from each of the accused persons from their waist. One pistol loaded with four cartridges with magazine was recovered from the waist of the petitioner. 23.8 kg Ganja was also recovered

Patna High Court CR. MISC. No.65087 of 2023(4) dt.30-01-2024 2/2 from the dickey of the said car.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The seized car does not belong to the petitioner. He is in custody since 16.09.2021. The mandatory provisions of the N.D.P.S. Act has not been complied with. Petitioner has criminal antecedent of 21 cases.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. From the report received from the Court concerned it appears that the case is pending for prosecution evidence. There is eight witnesses as mentioned in the charge-sheet but till date no witness has been produced by the prosecution.

7. Having heard the learned counsels for the parties and considering the facts and circumstances of the case and 21 criminal antecedents of the petitioner and seizure of commercial quantity of Ganja, the present bail petition of the petitioner is dismissed. However, learned trial court is directed to expedite the trial of case preferably within nine months from the date of receipt of this order.

(Sunil Dutta Mishra, J) rakhi/- U T