Saistanand Ray @ Saistanand Rai v. The Union Of India Through N.C.B., Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75289 of 2023 Arising Out of PS. Case No.-8 Year-2020 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Patna ====================================================== Saistanand Ray @ Saistanand Rai Son Of Munshi Rai @ Munshi Roy @ Nawdeep Roy, Resident Of Village - Bagh (Baig) Said Khan, Chechar, P.S.- Vidupur, District - Vaishali.

... ... Petitioner/s

Versus

The Union of India through N.C.B., Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Radhika Raman, CGC Mr. Awadhesh Kumar Panday, Sr. Panel Counsel ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned C.G.C. for the Union of India.

2. The present petition has been filed for regular bail in connection with Special (NDPS) Case No. 127 of 2020, arising out of NCB/Crime Case No. 08 of 2020, registered for the offences punishable under Sections 8 (C) r/w and Sections 20(b) (ii)(c), 25, 28 and 29 of the NDPS Act.

3. It further transpires that the similar petition was filed by the petitioner bearing Cr. Misc. No. 60281 of 2021 which was rejected by this Court by the order dated 15.11.2022.

4. In view of the facts and circumstances of the case, particularly the commercial quantity of the recovered contraband and the trial Court was directed to expedite the trial and conclude within nine months. Ld. counsel for the petitioner is taking plea that as stipulated, the trial has not got concluded

Patna High Court CR. MISC. No.75289 of 2023(4) dt.22-12-2023 2/2 and five prosecution witnesses are still to be examined. Hence, petitioner is entitled to regular bail.

5. Perused the case record, I find that huge quantity of Ganja measuring 589.400 Kgs was recovered from a truck in which the petitioner is allegedly involved as a main accused. I further find that three witnesses have already been examined and five are still to be examined. In such situation, it is in the interest of justice to give three more months to the trial Court to conclude the trial. If the trial is not still concluded, then petitioner may be given liberty to renew his prayer for bail.

6. Considering the aforesaid facts and circumstances, the present petition is rejected with stipulation that if the trial is not concluded within the next three months, petitioner may renew his prayer for bail and trial Court is directed to conclude the trial within next three months, failing which explanation would be sought from the Court below, why he has failed to conclude the trial.

(Jitendra Kumar, J.) shoaib/- U T