Anwar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8527 of 2018 Arising Out of PS.Case No. -533 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Anwar Ansari S/o Hadis Ansari, R/o Village- Khardeur Mahna, P.S.- Chapnpatia, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva, Adv. For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 20 and 22 of the N.D.P.S. Act.

From possession of the petitioner, about two Kg. of Charas was allegedly recovered.

Submission of the learned counsel for the petitioner is that the B.D.O. (Gazetted Officer in whose presence seizure was made) has stated before the police that recovery was made from possession of two persons including Faiyaz Ansari who has already been granted bail by a Coordinate Bench of this Court vide Annexure-2. On perusal of Annexure-2, it is evident that submission before the Hon'ble Bench was that recovery was

Patna High Court Cr.Misc. No.8527 of 2018 (3) dt.23-03-2018 from possession of this petitioner as per seizure list. Petitioner is in custody since 18.01.2017.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail for the present in connection with Tr. No.11 of 2017 (arising out of Shikarpur P.S.Case No.533 of 2016) pending in the court of learned Additional District & Sessions Judge-2nd, Bettiah, West Champaran/successor court.

Hence, prayer for bail is refused.

However, the learned trial court is directed to expedite the trial and conclude the same preferably within a period of nine months from the date of receipt/production of a copy of this order.

The Superintendent of Police, Bettiah, West Champaran is directed to procure the F.S.L. examination report of the seized narcotics in connection with Tr. No.11 of 2017 (arising out of Shikarpur P.S.Case No.533 of 2016) pending in the court of learned Additional District & Sessions Judge-2nd, Bettiah, West Champaran, if it has not been procured as yet and produce the same before the learned Trial Judge.

Accordingly, the application stands disposed of. (Birendra Kumar, J) Nitesh/- U T