In a bail application in a narcotics case, the High Court, noting the trial is likely to conclude within four months and referencing a previous rejection, refused the prayer for bail at this stage.
Prayer for bail rejected; trial expedited to conclude within four months; liberty to renew bail prayer if trial delayed.
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.39084 of 2017
Arising Out of PS.Case No. -352 Year- 2016 Thana -MADHUBANI TOWN DistrictMADHUBANI
======================================================
Jai Hind Sah, Son of Vishwanath Sah, Resident of Laheriyaganj, Ward No.2, Town, P.S. and District-Madhubani
.... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s : Md. Ashlam Ansari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 20-09-2017 Heard learned counsel for the petitioner and the State. The bail of the petitioner was earlier rejected by this Court vide order dated 19.04.2017 passed in Cr. Misc. 13089 of 2017.
From the seizure list and allegation in the written report, it appears that huge quantity of foreign liquor and cash worth Rs.3,09,200/- have been recovered from the house of the petitioner. The prayer for bail of the petitioner was earlier rejected by this Court on 19.4.2017 passed in Cr. Misc. 13089 of 2017 with a direction to the trial court to expedite the trial.
A report has been called for from the court below which has been received. The trial court has submitted that charge has already been framed and trial is likely to be concluded within
Patna High Court Cr.Misc. No.39084 of 2017 (3) dt.20-09-2017
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four months.
In such circumstances, this Court is not inclined to grant bail to the petitioner at this stage.
Prayer for bail of the petitioner stands rejected.
The court below is directed to expedite the trial and conclude the same within the period as mentioned in its report dated 13.09.2017.
The petitioner is given liberty to renew his prayer for bail in the court below itself in the event the trial is not concluded within aforesaid period and in that event, the court below will give reason in the order for not concluding trial within aforesaid period.
(Sanjay Priya, J)
S.Ali/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner arising out of offences involving foreign liquor and recovery of cash, given that the trial is likely to conclude within four months.
Jai Hind Sah
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
