Patna High CourtCR. MISC./6221/2022rejected

Pawan Rajak v. The State Of Bihar

2022-03-09Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6221 of 2022 Arising Out of PS. Case No.-219 Year-2019 Thana- NADI P.S. District- Patna ====================================================== Pawan Rajak Son Of Munarik Rajak @ Munarika Rajak Resident Of VillageMohan Chak, P.S.- Raghopur, District- Vaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sudha Chandra, Advocate Mr. Surendra Kumar Singh, Advocate For the Opposite Party :

Mr. Mithlesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2022 Heard learned counsel for the parties.

This application for regular bail arises out of Nadi P.S. Case No. 219 of 2019, disclosing the offence punishable under Sections 8, 20, 22, 25, 29 of the Narcotic Drugs And Psychotropic Substances Act ('NDPS Act' for short) read with Sections 120B/34 of the Indian Penal Code.

Upon noticing applicability of Section 37 of the NDPS Act, the petitioner's prayer for regular bail was earlier rejected by an order dated 08.02.2021, passed in Criminal Miscellaneous No. 1187 of 2020.

This application has been filed renewing prayer for bail.

Mr. Surendra Kumar Singh, learned counsel for the

Patna High Court CR. MISC. No.6221 of 2022(2) dt.09-03-2022 2/2 petitioner contends that the trial has not progressed. Since the petitioner's prayer for regular bail was earlier rejected upon noticing applicability of Section 37 of the NDPS Act, the second bail application cannot be entertained as the Court cannot take a view different from the view that was then taken in the order dated 08.02.2021.

This application is accordingly rejected.

While rejecting the petitioner's earlier prayer for bail, the Court had observed that the court below should take all possible steps for expeditious conclusion of the trial. The said observation is reiterated.

(Chakradhari Sharan Singh, J) K.K.RAO/- U T