Patna High CourtCR. MISC./51176/2018disposal with observation

Shambhu Kumar Rai v. The State Of Bihar

2018-09-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51176 of 2018 Arising Out of PS.Case No. -18 Year- 2017 Thana -BACHHWARA District- BEGUSARAI ======================================================

1. Shambhu Kumar Rai S/o Vishwanath Rai, R/v Senduari, P.S.- Hajipur Sadar, Distt.- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2018 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 21.7.2017 passed in Cr. Misc. No.32982 of 2017 and there is allegation of recovery of 70 kg. ganja from the petitioner and he was arrested at the spot. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and all the other accused persons have been granted bail and one of them has been granted anticipatory bail. The petitioner is in custody for about 16 months.

Heard learned A.P.P. also and from perusal of the report, it appears that all the witnesses have been examined in the case and only the informant has to be examined and the learned

Patna High Court Cr.Misc. No.51176 of 2018 (3) dt.12-09-2018 2/2 trial court has sought two mothers further time for conclusion of the trial.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to dispose of the trial within a period of two months and the Sr. S.P.,, Vaishali at Hajipur is also directed to see that the informant and the other witnesses are produced in the court, however, if the trial is not concluded within the aforesaid period and there is no laches on the part of the petitioner, the petitioner shall be released in connection with Bacchwara P.S.Case No.18 of 2017, NDPS Case No.02 of 2017 Registration No.02 of 2017, to his own satisfaction. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U