Govind Ghosh @ Govindo Ghosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.114 of 2020 Arising Out of PS. Case No.-11 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Govind Ghosh @ Govindo Ghosh son of Late Gopal Ghosh, resident of Khudiram Pally, Malbazaar, P.O- Bataigul Bazar,P.S- Metali, Dist- Jalpaiguri, West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under sections 20(b)(ii)(c) and 29 N.D.P.S Act for violation of section 8(C) of the Act. Earlier the bail prayer of the petitioner was rejected by this Court vide order dated 09.01.2019 passed in Cr. Misc. No. 63089 of 2018 giving direction to the trial court to conclude the trial of the petitioner within nine months from the date of receipt/ production of a copy of the said order fixing the case on day to day basis and, furthermore, the Superintendent of Police, Patna was directed to ensure the presence of the witnesses on

Patna High Court CR. MISC. No.114 of 2020(4) dt.19-03-2020 2/3 each and every date.

However, the learned Additional Sessions Judge, Patna reported that up till now only two prosecution witnesses could be examined and still six prosecution witnesses are left to be examined.

In view of the aforesaid facts and circumstances, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Special (NDPS) case no. 15 of 2018, pending in the court of learned Additional Sessions JudgeXVII, Patna stands rejected. However, the trial court is directed to conclude the trial of the petitioner as early as possible, preferably, within six months from the date of receipt/ production of copy of this order keeping in mind the earlier direction given by this Court vide order dated 09.01.2019. Let a copy of this order be sent to Director of Narcotics Control Bureau, Patna with direction to him to ensure the presence of prosecution witnesses within four weeks from the date of receipt/ production of copy of this order, failing which this Court may take serious view against the concerned officials.

However, petitioner may renew his prayer for bail after six months, if his trial is not concluded within the above

Patna High Court CR. MISC. No.114 of 2020(4) dt.19-03-2020 3/3 stated period.

N.K/- (Hemant Kumar Srivastava, J) U T