In two criminal miscellaneous applications, the High Court rejected bail prayers for petitioners in an N.D.P.S. case citing an FSL report detecting Morphine. The court directed the trial court to expedite the trial and ensure witness production.
Bail prayer rejected; Trial court directed to expedite trial and ensure witness production.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 15715 of 2014
Arising out of P.S. Case No. -17 Year- 2013 Thana -DELHA District- GAYA =================================================== Shatrudhan Bharti @ Raju S/o Dhanesh Bharti R/o Pita Maheshwar, P.S- Civil Lines, District- Gaya.
.... .... Petitioner/s
Versus
The State of Bihar. .... .... Opposite Party/s
.... .... Opposite Party/s
with Criminal Miscellaneous No. 12085 of 2014
Arising out of P.S. Case No. -17 Year- 2013 Thana -DELHA District- GAYA =================================================== Jitendra Kumar Sinha Son of Sri Suresh Prasad R/o Village - Hassanpur, P.S. Rajgir, District – Nalanda.
.... .... Petitioner/s Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== Appearance : (In Cr.Misc. No.15715 of 2014) For the Petitioner/s : Mrs. Rina Sinha, Adv. For the Opposite Party/s : Mr. Arun Kr. Pandey (APP) (In Cr.Misc. No.12085 of 2014) For the Petitioner/s : Mr. Deepak Kumar, Adv. For the Opposite Party/s : Mr. Sunil Kr.Pandey (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
06. 05.01.2015 Heard learned counsel for the Petitioners and the
State.
The Petitioners seek bail in N.D.P.S. Case No. 8 of 2013 arising out of Delha P.S. Case No. 17 of 2013 registered under Sections 4 and 5 Explosive Substance
Patna High Court Cr.Misc. No.15715 of 2014 (6) dt.05-01-2015
2
Act and Sections 16, 18, 20B and 22 of the N.D.P.S. Act pending before the Additional Sessions Judge-I-cumSpecial Judge, N.D.P.S. Act, Gaya.
Considering the report of the FSL that Morphine was detected in the seized articles, I am not inclined to grant bail to the Petitioners. The prayer for bail is rejected.
The Trial Court is directed to expedite the trial and for which reason he is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order, to the Superintendent of Police, Gaya, and the Superintendent of Police, Gaya is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial.
(Anjana Prakash, J.)
Vikash/-
U T
2 issues framed by the court
Whether the petitioners entitled to bail in an N.D.P.S. case where FSL report showed detection of Morphine?
Whether the trial court directed to expedite trial and ensure presence of witnesses?
2 provisions across 2 enactments
Shatrudhan Bharti @ Raju
Jitendra Kumar Sinha
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
