Fourth bail application in an excise case involving alleged recovery of 23 kg of opium. The trial was reported to be at an advanced stage, with five of seven prosecution witnesses examined and likely conclusion within four months. Bail was declined and the trial court directed to conclude the trial within four months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5778 of 2023
Arising Out of PS. Case No.-109 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya
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Dharm Veer Singh Yadav @ Dhramveer Singh (aged about 51 years, GenderMale), Son of Om Prakash Yadav, Resident of village - Kundan, Nagla Majra, Kharkholi Bujurg, P.S.- Alipur, District - Badayun (Uttar Pradesh).
... ... Petitioner
Versus
... ... Opposite Parties
====================================================== Appearance : For the Petitioner : Mr. Arvind Kumar Singh, Advocate For the U.O.I. : Mr. Uma Shanker Verma, Sr. Advocate For the State : Mr. Umeshanand Pandit, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
Heard learned senior counsel for the petitioner,
learned counsel for the U.O.I. and learned A.P.P. for the State.
Earlier bail applications of the petitioner were rejected vide Cr. Misc. No. 43133 of 2019 under order dated 14.11.2019, Cr. Misc. No. 34853 of 2020 under order dated 03.03.2021 and Cr. Misc. No. 4054 of 2022 under order dated 22.06.2022, annexed as Annexures-1, 1/B and 1/C to the present application taking into account that 23 kgs., Opium is said to have been recovered from possession of the petitioner.
Patna High Court CR. MISC. No.5778 of 2023(3) dt.05-04-2023 2/3
This is fourth attempt on behalf of the petitioner for grant of bail.
A report was called for from the court below regarding the present stage of the case. It has been reported that out of seven prosecution witnesses, five prosecution witnesses have already been examined and the trial is likely to be concluded within a period of four months.
Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in Excise Case No. 109 of 2018, pending in the court of learned Additional Sessions JudgeIst, Gaya.
Learned court below is directed to take all necessary steps to conclude the trial preferably within a period of four months from the date of receipt/production of a copy of this order.
The District Magistrate and the Senior Superintendent of Police, Gaya, are also directed to ensure that the remaining prosecution witnesses are produced on the date fixed in the court below so that the trial could be concluded within the stipulated period.
Patna High Court CR. MISC. No.5778 of 2023(3) dt.05-04-2023 3/3
Let a copy of this order be communicated to the District Magistrate and the Senior Superintendent of Police,
Gaya.
(Sudhir Singh, J)
U.K./- U T
1 issue framed by the court
Whether a fourth bail application should be granted in an excise/narcotics case involving recovery of 23 kg of opium, given that the trial is nearing completion.
Dharm Veer Singh Yadav @ Dhramveer Singh
The State of Bihar
The Union of India, through Narcotics Commissioner, New Delhi
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
