Dismissed¶7

Shan Mohammad @ Shan Mo v. The State of Bihar

Patna HC17 Jan 2025CR. MISC./79304/2024

Case brief

AI extract

What is this about?

Patna High Court CRL. MISC. No.79304 of 2024, decided 17-01-2025 by Partha Sarthy, J. — Shan Mohammad @ Shan Mo v. The State of Bihar. Second/renewed bail application rejected in NDPS case (Kuchaikote P.S. Case no.512 of 2022, District Gopalganj; sections 20(b)/II(c), 23, 25, 29 N.D.P.S. Act). Alleged recovery of 62 kgs charas; petitioner arrested on the spot; custody since 1.12.2022; earlier bail rejected 18.01.2024 in Cr. Misc. no.1227 of 2024 with direction to expedite trial; six of nine chargesheet witnesses examined per trial Court report; claim of section 50 N.D.P.S. Act violation noted but bail denied.

What did the court decide?

The Court declined to enlarge the petitioner on bail and rejected the renewed bail application. ¶7

Shan Mohammad @ Shan Mo Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79304 of 2024

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Arising Out of PS. Case No.-512 Year-2022 Thana- KUCHAIKOTE District- Gopalganj

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======================================================

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Shan Mohammad @ Shan Mo S/o Chan Mohammad @ Chand Mohammad Resident of Village- Kasba Mohalla, Talahi, PS- Jhinjhana, Dist- Shamli, UP

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Kumar Harshvardhan, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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4 17-01-2025

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Heard learned counsel for the parties.

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The petitioner has renewed his prayer for bail in

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connection with Kuchaikote P.S. Case no.512 of 2022 registered under sections 20(b)/II(c), 23, 25 and 29 of the N.D.P.S. Act.

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As per the prosecution case, 62 kgs of charas was recovered from the vehicle in question and the two accused persons including the petitioner herein who made an attempt to escape were caught.

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Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 18.01.2024 passed in Cr. Misc. no.1227 of 2024 directing the learned trial Court to expedite the trial. Inspite of the petitioner having remained in custody since 1.12.2022, only six witnesses have been examined on behalf of the prosecution and

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Patna High Court CR. MISC. No.79304 of 2024(4) dt.17-01-2025 2/2

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there is no chance of the trial concluding in the near future. There is violation of section 50 of the N.D.P.S. Act.

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The application for bail is opposed by learned A.P.P.

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for the State.

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A report was called for from the learned trial Court.

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As per the report received, six out of the nine chargesheet witnesses have been examined in the learned trial Court.

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Having heard learned counsel for the parties and taking into consideration the allegation of recovery of 62 kgs of charas from the vehicle in question, the petitioner having been arrested on the spot and the trial having progress in the learned trial Court with examination of six witnesses, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

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(Partha Sarthy, J)

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Saurabh/-

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U T

Shan Mohammad @ Shan Mo v. The State of Bihar

Case brief

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Shan Mohammad @ Shan Mo v. The State of Bihar

Case brief

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