Patna High CourtCR. MISC./63446/2022rejected

Dhaneshwar Singh v. The State Of Bihar

2023-08-29Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63446 of 2022 Arising Out of PS. Case No.-188 Year-2020 Thana- CHAUSA District- Madhepura ====================================================== DHANESHWAR SINGH Son of Budho Singh Resident of VillageLaualakgan, P.S.- Chousa, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lal Babu Keshari, Advocate For the Opposite Party/s :

Mr. Rajeev Nayan, APP- 231 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 28.08.2020 in connection with Chousa P.S. Case No. 188 of 2020 (N.D.P.S. Case No.12/2020), F.I.R. dated 27.08.2020 for the offences punishable under Sections 20, 22, 23 and 24 of the N.D.P.S. Act as well as under Section 25(1-b)A, 26 of the Arms Act.

3. According to prosecution case, upon receipt of the information regarding possession of the contraband as well as the fire-arms, the police team raided house of the applicant and found an amount of Rs. 1 lakh, one country made pistol as well as 47 kilograms of Ganja. That is how, the FIR came to be registered against the applicant.

4. Earlier the bail application of the petitioner was

Patna High Court CR. MISC. No.63446 of 2022(3) dt.29-08-2023 2/2 rejected vide order dated 20.12.2021 passed in Cr. Misc. No.25984 of 2021.

5. Pursuant to the order dated 12.05.2023 a report was called for with regard to the present stage of trial. Report dated 26.05.2023 of the learned trial court reveals that the evidence of total nine prosecution witnesses have already been completed and now the record has been left due only for the evidence of Surgeant Major and receipt of the FSL report and it appears from the report of the learned trial Court that the trial is going on and only two witnesses are yet to be examined.

6. Considering the aforesaid facts and report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Chousa P.S. Case No. 188 of 2020/N.D.P.S. Case No.12 of 2020 pending in the court of learned A.D.J.-VIII, Madhepura.

7. Prayer is refused.

8. However, the learned Trial Court is directed to expedite the trial at the earliest.

(Rajesh Kumar Verma, J) mdrashid/- U T