Patna High CourtCR. MISC./79304/2024bail rejected

Shan Mohammad @ Shan Mo v. The State Of Bihar

2025-01-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79304 of 2024 Arising Out of PS. Case No.-512 Year-2022 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Shan Mohammad @ Shan Mo S/o Chan Mohammad @ Chand Mohammad Resident of Village- Kasba Mohalla, Talahi, PS- Jhinjhana, Dist- Shamli, UP ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Harshvardhan, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-01-2025

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Kuchaikote P.S. Case no.512 of 2022 registered under sections 20(b)/II(c), 23, 25 and 29 of the N.D.P.S. Act.

3. As per the prosecution case, 62 kgs of charas was recovered from the vehicle in question and the two accused persons including the petitioner herein who made an attempt to escape were caught.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 18.01.2024 passed in Cr. Misc. no.1227 of 2024 directing the learned trial Court to expedite the trial. Inspite of the petitioner having remained in custody since 1.12.2022, only six witnesses have been examined on behalf of the prosecution and

Patna High Court CR. MISC. No.79304 of 2024(4) dt.17-01-2025 2/2 there is no chance of the trial concluding in the near future. There is violation of section 50 of the N.D.P.S. Act.

5. The application for bail is opposed by learned A.P.P. for the State.

6. A report was called for from the learned trial Court. As per the report received, six out of the nine chargesheet witnesses have been examined in the learned trial Court.

7. Having heard learned counsel for the parties and taking into consideration the allegation of recovery of 62 kgs of charas from the vehicle in question, the petitioner having been arrested on the spot and the trial having progress in the learned trial Court with examination of six witnesses, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Saurabh/- U T