Petition for regular bail under NDPS Act rejected as case already at trial stage with charge framed and witnesses examined. Trial court directed to complete trial within six months with witness attendance ensured.
Prayer for bail rejected; trial directed to be concluded within six months; police directed to arrange witness attendance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.22570 of 2011 (7) dt.29-04-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 22570 of 2011
====================================================== Makhan Manjhi, S/o Late Bhikham Manjhi, R/o Vill. - Daap Tand Majharia, P.S.-Kangali, Distt-West Champaran
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 7 29-04-2013 Heard learned counsel for the petitioner and learned counsel for the State.
This is a petition for grant of regular bail in a case under Sections 20, 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act with regard to recovery of 366 Kgs. of Ganja from different houses of the village. It is alleged that 15 Kgs. of Ganja was recovered from the conscious possession of the petitioner.
However, it is stated that the charge has been framed on 22.07.2011 and up-till-now out of the 12 charge-sheet witnesses five have been examined. However, it has been reported that the case can be disposed of within six months.
Hence, having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. Accordingly, the prayer for bail is rejected.
The trial court is directed to expedite the trial for early
Patna High Court Cr.Misc. No.22570 of 2011 (7) dt.29-04-2013
disposal of the same preferably within six months and if the trial is not concluded within the aforesaid period then the petitioner may renew his prayer for bail.
The Superintendent of Police, Bettiah, West Champaran is directed to make arrangement for the attendance of the witnesses on the date fixed so that the trial is concluded within the stipulated time.
(Gopal Prasad, J)
Kundan/-
2 issues framed by the court
Whether regular bail should be granted to the petitioner at the current stage of the trial.
Whether the trial court can expedite the trial to dispose of the case within six months.
1 provisions across 1 enactments
Makhan Manjhi
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
