Patna High Court - Orders
Deepak Kumar Bhagat vs The Union Of India on 8 March, 2018
Author: Anjana Mishra
Bench: Anjana Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8838 of 2018
Arising Out of PS.Case No. -42 Year- 2016 Thana -RAXAUL
District- EAST CHAM PARAN(MOTIHARI)
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Deepak Kumar Bhagat, S/o Surendra Bhagat, R/o Village- Bada Pareuva,
P.S.- Raxaul, District-East Champaran.
.... .... Petitioner/s
Versus
The Union of India
.... .... Opposite Party/s
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Appearance :
For the Petitioner : Mr. Shiva Shankar Sharma, Advocate
For the Union of India : Mr. Manoj Kumar Singh, C.G.C.
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CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
3 08-03-2018Heard learned counsel for the petitioner and the learned counsel appearing for the Union of India.
The petitioner is in custody since 12.03.2016 in connection with N.D.P.S. Case No.18/2016, arising out of Raxaul P.S. Case No.42 of 2016, registered for the offence under Sections 20, 22, 23 and 24 of the NDPS Act, pending in the court of the learned 7th Additional Sessions Judge, Motihari, East Champaran.
The allegation against the petitioner is of recovery of 4 Kgs. 500 Grams of Charas.
Learned counsel for the petitioner submits that considering the period of custody, the petitioner may be released on bail as the trial has not been concluded as yet. Patna High Court Cr.M isc. No.8838 of 2018 (3) dt.08-03-2018 2/2
Learned counsel for the Union of India, however, submits that the trial is at the advanced stage and only the I.O. remains to be examined. He thus submits that the release of the petitioner would cause hindrance in the conclusion of the trial.
Having heard learned counsel for the petitioner and the learned counsel appearing for the Union of Ind ia, it appears that since the trial has advanced substantially, the same may be concluded at the earliest.
Accordingly, while rejecting the prayer for bail, this Court directs that the trial of the case be concluded within a period of four months from the date of receipt/production of a copy of this order.
It is made clear that the petitioner shall also co- operate in the trial so as to enable the case to reach to its logical conclusion. The court shall also not grant unnecessary adjournment and the case shall proceed on day to day basis.
(Anjana Mishra, J)
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