Gauri Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4475 of 2022 Arising Out of PS. Case No.-270 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== GAURI SHANKAR KUMAR S/o Shri Shivjee Pandit Resident of Village - Kanti Kaswa, Purana Chowk, P.S. Kanti, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Narayan Sharma, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-03-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case registered under sections 25(1-B)(a) and 26 of the Arms Act and sections 8, 20 and 22 of the NDPS Act. As per the prosecution case, on secret information having been received the police personnel raided the place of occurrence and it is stated that the petitioner made an attempt to escape but was caught. It is stated that 20 'pudiya' of smack as also a loaded pistol with a live cartridge was recovered from the possession of the petitioner It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 9.3.2021 passed in Cr. Misc. no. 40859 of 2020 and inspite of the petitioner being in custody since 23.7.2020,

Patna High Court CR. MISC. No.4475 of 2022(3) dt.02-03-2022 2/2 there is no progress in the learned trial Court. The petitioner undertakes to cooperate in the trial.

The application for bail is opposed by learned APP for the State. Referring to the report of the learned trial Court, he submits that charge was framed in the case on 4.8.2022 and two witnesses have been examined on behalf of the prosecution. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner together with the criminal antecedent, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to expedite the trial. Liberty is granted to the petitioner to renew his prayer for bail in case there is no substantial progress in the trial in the learned trial Court in six months.

(Partha Sarthy, J) Prakash/- U