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Patna High CourtCR. MISC./37369/2018dismissed

Binod Pandey v. The State Of Bihar

2018-08-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37369 of 2018 Arising Out of PS.Case No. -347 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Binod Pandey, son of Shankar Pandey @ Shambhu Pandey @ Shambhu Nath Pandey, resident of Village- Champura, P.S. Baikunthpur, DistrictGopalganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2018 Earlier prayer for bail of the petitioner was rejected by this Court thrice, lastly on 15.11.2017 in Cr.Misc.No.39765 of 2017 and the allegation is of recovery of 66 kg. of ganja from a vehicle.

Submission of learned counsel for the petitioner is that petitioner is in custody since 6.9.2016 and till date trial has not been concluded and co-accused have been granted bail vide order dated 18.5.2017 passed in Cr.Misc.No. 3350 of 2017 and vide order dated 7.7.2017 passed in Cr.Misc.No. 29721 of 2017. Heard learned APP also.

Having heard both sides and on perusal of record it appears that out of 11 witnesses four have been examined in this case.

Patna High Court Cr.Misc. No.37369 of 2018 (4) dt.08-08-2018 2/2 In the facts and circumstances and in view of recovery of 66 kg. of ganja, I am not inclined to grant bail to the petitioner. However, as trial has commenced, learned trial court is directed to expedite the trial by conducting it on regular basis, so that the trial may be concluded as soon as possible. At the same time, Sr.Superintendent of Police, Gaya is directed to ensure presence of the witnesses in court.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U