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Patna High CourtCR. MISC./77063/2023bail rejected

Shafi Alam @ Md. Safi Alam v. The State Of Bihar

2023-12-22Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77063 of 2023 Arising Out of PS. Case No.-67 Year-2021 Thana- MANJHAGARH District- Gopalganj ====================================================== Shafi Alam @ Md. Safi Alam Son Of Ravdin Miyan @ Rabdiin Miyan @ Md. Ravdin @ Rabdin Resident Of Village - Bhojpurwa @ Bhojourwan, P.S. - Manjhagarh, District - Gopalganj ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Union Of India Through The Director, Narcotics Control Bureau, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Setu Prateek, Adv.

For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Manjhagarh P.S. Case No. 67 of 2021, lodged on 25.02.2021 under Sections 399, 402, 414 of the Indian Penal Code, sections 25(1-b)a, 26(i) and 35 of the Arms Act read with sections 8, 20(b)(ii)(b) and 29 of the Narcotics Drug and Psychotropic Substances Act, 1985.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was rejected vide order dated 15.02.2023 passed in Cr. Misc. No. 56477 of 2022 with a direction to the Trial Court to expedite the trial as early as

Patna High Court CR. MISC. No.77063 of 2023(3) dt.22-12-2023 2/2 possible. Counsel also submits that charge-sheet has already been submitted in this case.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 26.02.2021.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that report has been called for and from the perusal of the said report, it transpires that there are six charge-sheet witnesses and out of those, only four witnesses have been examined and there is likelihood and the Trial Court has inform that within four months, the trial shall be concluded.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Manjhagarh P.S. Case No. 67 of 2021, pending before the learned Additional District and Sessions Judge-I-cum-Special Judge, N.D.P.S., Gopalganj is hereby rejected with liberty that if, within six months trial shall not be concluded, the petitioner may renew his prayer for bail. (Dr. Anshuman, J.) Divyansh/- U T