Rejection of a second bail plea in an NCB case where 5.500 kg of opium was recovered, citing Section 37 of the NDPS Act. The court directed the trial court to conclude trial within nine months.
Bail application rejected. Trial directed to conclude within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16081 of 2021
Arising Out of PS. Case No.-12 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya
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RAJENDRA BHUIYA @ RAJENDRA BHUIYAN Son of Kuleshwar Manjhi Resident of Village - Piprahi, Police Station - Barachatti, District- Gaya.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Umesh Kumar Singh For the Opposite Party/s : Mr.K.N.Singh (A.D.S.G)
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 15-09-2021 Heard learned counsel for the petitioner and the State
through virtual mode.
The petitioner seeks bail in NCB Case No. 12 of 2018 registered under Sections-8, 18 & 19 of NDPS Act.
This is the second attempt of the petitioner for grant of bail.
Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that 5.500 kg. opium was recovered and the petitioner was not entitled for bail in the light of Section-37 of NDPS Act.
A report was called for from the trial court. It has been reported that out of six prosecution witnesses, one prosecution
Patna High Court CR. MISC. No.16081 of 2021(3) dt.15-09-2021 2/2
witness has been examined in the case.
Considering the nature of accusation and stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected.
Learned trial court is directed to take all possible steps to expedite the trial and try to conclude the same preferably, within a period of nine months from the date of receipt/production of copy of the order.
Mr. Manoj Kumar Singh, counsel for Union of India, representing the Superintendent, NCB, Patna undertakes that the prosecution witnesses will be produced on the date fixed by the trial court so that trial could be concluded within the stipulated period of nine months.
Let a copy of this order be communicated to the Superintendent, NCB, Patna for needful.
(Sudhir Singh, J)
A.K.V.//-
U T
3 issues framed by the court
Whether bail should be granted to the petitioner in a case involving substantial quantity of opium under the NDPS Act.
Whether the trial proceedings should be expedited to conclude within a stipulated period.
Whether the petitioner is entitled to bail considering the stage of the case and nature of accusation.
2 provisions across 1 enactments
Rajendra Bhuiya @ Rajendra Bhuiyan
The Union of India
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
