Suresh Sahani v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12917 of 2018 Arising Out of PS.Case No. -108 Year- 2016 Thana -RAXAUL District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Suresh Sahani, S/o Ramakant Sahni, Resident of Village - Madhubani, P.S. - Pokharia, District - Parsa (Nepal).

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Mahesh Kumar Jat, S/o Mannalal Jat, Resident of Village and P.O.- Pawta Tah - Kotputli, P.S. - Pragpura, District - Jaipur (Rajasthan) at Present Posted as Party Commander, 13th BN SSB Pantoka. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar No. III, Adv. For the U.O.I. : Mr. Manoj Kumar Singh, C.G.C. For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-04-2018 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, 22, 23 and 24 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Allegation is that 4 Kg. of Charas was allegedly recovered from possession of the petitioner.

The report of the learned trial Judge would reveal that 5 prosecution witnesses have also been examined. A few witnesses including the I.O. is yet to be examined in this case. Considering the aforesaid fact, I am not inclined

Patna High Court Cr.Misc. No.12917 of 2018 (4) dt.30-04-2018 2/2 to enlarge the petitioner on bail in connection with N.D.P.S. Case No. 32 of 2016 arising out of Raxaul Police Station Case No. 108 of 2016 pending in the court of learned 7th Additional Sessions Judge, Motihari, East Champaran/successor Court. Hence, prayer for bail is refused.

The Superintendent of Police, Motihari, East Champaran is directed to ensure production of remaining prosecution witnesses in the trial arising out of Raxaul Police Station Case No. 108 of 2016 corresponding to N.D.P.S. Case No. 32 of 2016 and the learned trial court is directed to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order.

(Birendra Kumar, J) Kundan/- U T