Patna High CourtCR. MISC./10169/2024rejected

Vinod Singh @ Vinod Kumar Singh @ Binod Singh v. The State Of Bihar

2024-03-01Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10169 of 2024 Arising Out of PS. Case No.-441 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Vinod Singh @ Vinod Kumar Singh @ Binod Singh Son Of Sanjay Singh @ Sangam Singh Resident Of Village- Karisath, P.S- Udwant Nagar, DisttBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-03-2024 Heard Mr. Akash Kumar Mishra, learned counsel for the petitioner and Mr. Dinesh Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 20.08.2022, in connection with NDPS Case No. 10 of 2022, arising out of Udwantnagar P.S. Case No. 441 of 2019 F.I.R. dated 08.11.2019 registered for the offences punishable under Sections 8/20(b)(ii)(c)/29 of the N.DP.S. Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that from perusal of the F.I.R. it appears that nothing has been recovered from the conscious possession of the petitioner and other co-accused

Patna High Court CR. MISC. No.10169 of 2024(3) dt.01-03-2024 2/3 person has been granted bail by a Coordinate Bench of this Court.

4. Earlier the bail petition of the petitioner was rejected vide order dated 11.05.2023 in Cr. Misc. No 64713 of 2022 and thereafter the petitioner has again moved before this Court in Cr. Misc. No. 84247 of 2023 which was dismissed as withdrawn on 05.01.2024 with the liberty to the petitioner to move before the learned Court below.

5. Vide order dated 09.02.2024 a report was called for with regard to the stage of the trial. Report dated 22.02.2024 of the learned Trial Court reveals that charge has already been framed against the petitioner on 02.05.2023 and summons and bailable warrant have already been issued against the witnesses but no witness has been examined as yet.

6. Learned counsel for the petitioner submits that in view of the report of the learned Trial Court, there is no chance of early conclusion of the trial in near future and other coaccused person has been granted bail by a Coordinate Bench of this Court.

7. Learned counsel for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that from perusal of the bail petition it appears that the

Patna High Court CR. MISC. No.10169 of 2024(3) dt.01-03-2024 3/3 petitioner is accused in another N.D.P.S. matter pertaining to Ara Nagar P.S. Case No. 475 of 2022.

8. Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with N.D.P.S. Case No. 10 of 2022 arising out of Udwantnagar P.S. Case No. 441 of 2019 pending in the Court of learned Additional District Judge-III, Bhojpur, Ara.

9. Prayer is refused.

10. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Ibrar//- U T