Dismissed¶19

Sheikh Anwar @ Shek Anwar v. The State of Bihar

Patna HC16 May 2025CR. MISC./8523/2025

Case brief

AI extract

What is this about?

Regular bail rejected; NDPS pre-trial case; Raxaul P.S. Case No. 366 of 2023; Sections 8/20(b)(ii)(C) N.D.P.S. Act; informant ASI/GD 47 BN SSB; custody since 03.08.2023; earlier rejection in Cr. Misc. No. 9501 of 2024 dated 20.02.2024; four of seven chargesheet witnesses examined; SP East Champaran directed to produce remaining witnesses within four months; speedy trial; Justice Dr. Anshuman; Patna High Court; petitioner resident of Parsa (Nepal).

What did the court decide?

No bail relief to petitioner (prayer for regular bail rejected); directions issued: Superintendent of Police, East Champaran to ensure appearance of remaining witnesses within four months; Registry to transmit a copy of the order to the SP through fax, e-mail or other mode forthwith and to hand over a copy to the Learned APP for communication to the SP. ¶19

Sheikh Anwar @ Shek Anwar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the petitioner, in custody since 03.08.2023 in the N.D.P.S. Case (pre-trial) arising out of Raxaul P.S. Case No. 366 of 2023, should be granted regular bail. +1 more

¶13

Court's answer

The Court is not inclined to grant bail to the petitioner and accordingly rejects his prayer for regular bail, considering the stage of the trial (four of seven chargesheet witnesses already examined).

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Ratio / Principle

The Superintendent of Police, East Champaran is directed to ensure the appearance of the rest witnesses for adducing evidence in the N.D.P.S. Case within four months from communication of the order, so that the trial takes place at the earliest.

¶22

Key takeaways

Speedy trial is the constitutional vision of justice (stated while issuing directions for production of the remaining witnesses).obiter¶20

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 8523 of 2025 (oral order dated 16-05-2025, Dr. Anshuman, J). Sheikh Anwar @ Shek Anwar, in custody since 03.08.2023, sought renewal of regular bail in an N.D.P.S. Case (pre-trial) arising out of Raxaul P.S. Case No. 366 of 2023 (offence under Sections 8/20(b)(ii)(C) of the N.D.P.S. Act), pending before the Sessions Judge/Special Judge, East Champaran, Motihari. His earlier bail application had been rejected on 20.02.2024 in Cr. Misc. No. 9501 of 2024 with liberty to renew nine months after framing of charge, and the Trial Court was directed to expedite the trial. With four of seven chargesheet witnesses examined, the Court rejected the bail prayer and directed the Superintendent of Police, East Champaran to assure the appearance of the remaining witnesses within four months of communication of the order, so that the trial takes place at the earliest; the Registry was directed to transmit the order to the SP forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8523 of 2025

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Arising Out of PS. Case No.-366 Year-2023 Thana- RAXAUL District- East Champaran

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====================================================== Sheikh Anwar @ Shek Anwar S/o- Late Sheikh Tajmul @ Shekh Tezamur Resident of Village - Milan Chowk, Nawka Tola, P.O. and P.S. - Milan Chowk, District - Parsa (Nepal)

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Union of India through the SSB Mahadeva Raxaul Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhurendra Kumar, Advocate For the State : Mr. Tarun Prasad Mandal, A.P.P For the UOI : Ms. Sarita Bajaj, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 16-05-2025

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Heard Learned counsel for the petitioner, Learned

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A.P.P. for the State and Learned counsel for Union of India.

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The petitioner seeks regular bail in connection with N.D.P.S. Case (pre-trial) arising out of Raxaul P.S. Case No. 366 of 2023 lodged on 03.08.2023, for the offence punishable under Sections 8/20(b)(ii)(C) of the N.D.P.S. Act, pending in the Court of Sessions Judge/Special Judge, East Champaran, Motihari.

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Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 20.02.2024 passed in Cr. Misc. No. 9501 of 2024 with liberty granted to the petitioner to renew his prayer for bail nine months after framing of charge and the Trial Court was also

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Patna High Court CR. MISC. No.8523 of 2025(3) dt.16-05-2025 2/3

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directed to expedite the trial. Counsel submits that petitioner is in custody since 03.08.2023 having clean antecedent. Counsel submits that on earlier occasion, report with regard to present stage of the case was called for.

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Learned counsel for Union of India opposes the prayer for bail and submits that every effort is being made for adducing evidence in this case.

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Learned APP for the State opposes the prayer for bail of the petitioner and submits that on earlier occasion, report with regard to the present stage of the case has been called for and from the said report, it transpires that out of seven chargesheet witnesses, four witnesses have been examined and the case is running for the evidence of rest witnesses.

¶19

In this view of the matter, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

¶20

Speedy trial is the constitutional vision of justice. From the record, it transpires that the present case is relating to District-East Champaran and the informant is ASI/GD, 47^th BN.S.S.B. Therefore, Superintendent of Police, East Champaran is hereby directed to do the needful by directing the concerned S.H.O/I.O/concerned official of this case to assure the

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Patna High Court CR. MISC. No.8523 of 2025(3) dt.16-05-2025 3/3

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appearance of the rest witnesses for adducing evidence in connection with N.D.P.S. Case (pre-trial) arising out of Raxaul P.S. Case No. 366 of 2023 within four months from the date of communication of this order to him, so that trial takes place at the earliest.

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Registry is directed to transmit a copy of this order to the Superintendent of Police, East Champaran through fax, e-mail or any other mode forthwith. Registry is further directed to hand over a copy of this order to Learned APP for the State who shall communicate this order to the Superintendent of Police, East Champaran at his level.

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(Dr. Anshuman, J)

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Divyansh/-

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U T

Sheikh Anwar @ Shek Anwar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sheikh Anwar @ Shek Anwar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

Parties & counsel

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