Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9392 of 2024 Arising Out of PS. Case No.-215 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Ravi Kumar Son of Shri Ram Singh Prajapati @ Ram Singh R/o vill - Azad Nagar, P.S. - Jamuna Nagar, Distt. - Yamuna Nagar (Hariyana) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-04-2024 Heard Mr. Aryan Singh, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned A.P.P. for the State.
2. The petitioner seeks bail in connection with N.D.P.S. Case No.12 of 2022 arising out of Excise Case No. 215 of 2022 for the offences punishable under Sections 8/15(c) and 22(c) of the N.D.P.S. Act.
3. Earlier the prayer for bail of the petitioner was rejected vide order dated 24.07.2023 passed in Cr. Misc. No. 74086 of 2022.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that as per the allegation in the FIR 15 kg of Doda flower totally 90 kg
Patna High Court CR. MISC. No.9392 of 2024(4) dt.26-04-2024 2/2 recovered six bags from the truck in question. Her further submits that petitioner was driver of the truck in question. He further submits that the charge has already been framed in the case.
5. Vide order dated 09.02.2024, a report with regard to the present status of the trial was called for. Report of the learned Trial Court dated 12.03.2024 reveals that till date no prosecution witness has been examined.
6. Learned APP for the State vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts, although the report of the learned trial Court reveals that the trial is not in progress but in view of the recovery made from the vehicle in question, I am not inclined to enlarge the petitioner on bail in connection with N.D.P.S. Case No. 12 of 2022 arising out of Excise Case No. 215 of 2022 pending in the Court of Additional Sessions Judge-III, Gaya.
8. Prayer is refused.
9. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) ajay/- U T