Patna High CourtCR. MISC./19106/2017rejected

Haidar Ali @ Haidar Ali Thakurai v. State Of Bihar And ANR

2017-07-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.19106 of 2017 (4) dt.19-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19106 of 2017 Arising Out of PS.Case No. -117 Year- 2013 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Haidar Ali @ Haidar Ali Thakurai Son of Mokhtar Mian @ Mokhtar Mian Thakurai, Resident of Village- Feta, P.S.- Kaleya, District- Bara (Nepal).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Union of India through Inspector General S.S.B., Frontier Head Quarter, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19.07.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 11.5.2013 on the charge of recovery of 8 kg charas and earlier his prayer for bail was rejected by this court but learned counsel for the petitioner seeks bail on the ground of his long incarceration.

Trial court has reported that except seizure list witnesses as well one witness, namely, Uday Singh, almost all witnesses have already been examined.

Therefore, considering the allegation as well as stage of the trial, I do not think it proper to release the petitioner on bail and hence, his prayer for bail in connection with N.D.P.S. case no. 81/2013 arising out of Raxaul P.S. Case no. 117/2013 pending in the court of

Patna High Court Cr.Misc. No.19106 of 2017 (4) dt.19-07-2017 Addl. Sessions Judge I, East Champaran at Motihari is, again, rejected.

However, learned trial court must expedite the trial of the petitioner and try to conclude the same as early as possible because the petitioner is in jail custody for near about four years. shahid (Hemant Kumar Srivastava,J) U T