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Patna High CourtCR. MISC./13551/2021dismissed

Aakash Kumar v. The State Of Bihar

2021-09-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13551 of 2021 Arising Out of PS. Case No.-261 Year-2018 Thana- DAGARUA District- Purnia ====================================================== AAKASH KUMAR S/O Madan Yadav @ Madan Singh Resident of Village - Ratandulapur, P.O. - Ratanpur, P.S. - Ara Mufassil, District - Bhojpur (Ara). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India, through N.C.V. Ministry of Home Affairs, Govt. of India. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Narayan Rai, Advocate For the Opposite Party/s :

Mr.Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner seeks bail in connection with Spl. Case No.22 of 2018/CIS No.22 of 2018 (NDPS Act) arising out of Dagarua P.S. case No.261 of 2018 registered under Sections 8/20(b)(ii)(c)/25 of the N.D.P.S. Act, pending in the court of Spl. Judge, N.D.P.S. Act, Purnea.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into

Patna High Court CR. MISC. No.13551 of 2021(3) dt.08-09-2021 2/2 account that 205 kgs ganja is said to have been recovered and the petitioner is not entitled for bail in the light of Section 37 of the N.D.P.S. Act.

A report was called for from the trial court. It has been reported that out of seven prosecution witnesses, five prosecution witnesses have already been examined and the trial is likely to be concluded within a period of six months. Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T