Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7122 of 2024 Arising Out of PS. Case No.-181 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Vikash Kumar S/O AMARENDRA RAI @ AMRENDRA KUMAR SINGH VILLAGE- BHAIROPUR, PS. BIDUPUR, DIST. VAISHALI AT HAJIPUR (BIHAR).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-04-2024 1.

Heard the learned counsel for the petitioner and the learned APP for the State.

2.

The present petition is by way of fourth attempt at the behest of the petitioner for grant of regular bail in connection with Bidupur PS case no. 181 of 2020, registered under Sections 25(1-B)a/26/35 of Arms Act and Sections 20/21/22/23/24/27/27(A)/29 of Narcotic Drug & Psychotropic Substances Act, inasmuch as earlier, the prayers of the petitioner for grant of bail were rejected by this Court vide orders dated 12.04.2021, 09.02.2022 and 25.01.2023, passed in Cr. Misc. no. 6244 of 2021 and Cr. Misc. no. 2071 of 2022 and Cr. Misc. no. 69728 of 2022 respectively, taking into consideration that commercial quantity of ganja was recovered from the Bolero

Patna High Court CR. MISC. No.7122 of 2024(4) dt.03-04-2024 2/3 vehicle, in which, the petitioner was found sitting as well as more than small quantity of charas was recovered from the possession of the petitioner and the fact that the petitioner is having criminal antecedent.

3.

Learned counsel for the petitioner submits that while rejecting the bail application of the petitioner on the last occasion i.e. on 25.01.2023, this Court had granted liberty to the petitioner to renew his prayer for bail after nine months, if the trial does not show any progress. He further submits that vide order dated 02.02.2024, a report was called for from the learned Trial Court regarding the status of trial, in compliance thereof, a report dated 04.03.2024 of the learned Additional District & Sessions Judge-1st-cum-Special Judge, Vaishali at Hajipur has been received, in which, it is stated that out of 09 charge-sheet witnesses, 03 have been examined and cross-examined and the trial is likely to be concluded within a period of four months, if the prosecution and defense will co-operate in the trial. 4.

Having considered the report of the learned Trial Court dated 04.03.2024 and the fact that the petitioner is having criminal antecedent and a commercial quantity of contraband has been recovered, I am not inclined to grant bail to the petitioner at this stage and is accordingly, rejected, however,

Patna High Court CR. MISC. No.7122 of 2024(4) dt.03-04-2024 3/3 the petitioner may renew his prayer for bail after six months, if the trial is not concluded 5.

The present petition stands disposed on the aforesaid terms.

(Anil Kumar Sinha, J) rinkee/- U T