Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4824 of 2024 Arising Out of PS. Case No.-372 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Karan Kumar S/O Late Ganesh Nayak Resident At Kalawati Nagar Ward No. 4, Ps. Raniganj, Dist. Araria (BIHAR).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner has renewed his prayer for bail which was earlier rejected vide order dated 01.08.2023 passed in Cr. Misc. No. 13924 of 2023.

There is recovery of 40.236 Kgs of Ganja from the shop of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was arrested by the police on mere suspicion and recovery was shown from the shop to lodge the present false case. The

Patna High Court CR. MISC. No.4824 of 2024(3) dt.04-04-2024 2/3 seizure and search is in complete violation of Section 100 of the Cr.P.C. The petitioner is having no criminal antecedent and he is languishing in custody since 31.10.2022.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that there is no fresh ground to reconsider the prayer for bail which was earlier rejected. There is recovery of 40.236 Kgs of Ganja from the shop of the petitioner which is within the commercial quantity under N.D.P.S Act.

In pursuance to the direction of this Court, a report with regard to the present stage of the trial has been received which has been kept at Flag-T. The report of learned Sessions Judge, Araria dated 06.02.2024 suggests that the case is fixed for adducing the prosecution evidence and the trial is likely to be concluded within a period of six months.

Having considered the facts and circumstances

Patna High Court CR. MISC. No.4824 of 2024(3) dt.04-04-2024 3/3 of the case and submissions of learned counsel for the parties, this Court is not inclined to take a different view in the matter.

The Trial Court is directed to expedite the trial and conclude the same within a period of six months. The petitioner will be at liberty to renew his prayer for bail, if the trial is not concluded within a period of six months.

Accordingly, the petition stands disposed off. (Sunil Kumar Panwar, J) Shageer/- U T