Patna High CourtCR. MISC./15176/2019dismissed

Vikash Kumar Sah @ Vikash Sah v. The State Of Bihar

2019-05-15Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15176 of 2019 Arising Out of PS. Case No.-329 Year-2016 Thana- NARPATGANJ DistrictAraria ====================================================== VIKASH KUMAR SAH @ VIKASH SAH aged about 25 years, male, Son of Ram Kishun Sah Resident of Village - Pithoura, P.S. Narpatganj, District - Araria ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 27.09.2016 has renewed his prayer for bail in connection with Special Case No. 38 of 2016 arising out of Narpatganj P.S. Case No. 329 of 2016 for the offences alleged under Sections 8(c)/20(B)(ii)(B) of the N.D.P.S. Act having earlier been rejected by order dated 08.03.2018 in Cr. Misc. No. 11965 of 2018.

3. Pursuant to the order of this Court dated 10.04.2019, status report dated 18.04.2019 has been received from the court of learned 1st Additional Sessions Judge, Araria, according to which charge has been framed on 30.08.2017 and case is pending for prosecution evidence and if the prosecution

Patna High Court CR. MISC. No.15176 of 2019(4) dt.15-05-2019 2/2 produces witnesses regularly, then the trial was likely to be concluded within three months as only four witnesses remain to be examined in this case.

4. It is stated on behalf of the petitioner that five out of nine prosecution witnesses have been examined in addition to two seizure list witnesses. It has been stated that the trial is still ongoing and as four witnesses are yet to be examined.

5. Having regard to the nature of accusations, gravity of the offence alleged and the stage of trial, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed.

6. The petitioner shall be at liberty to renew his prayer for bail in the event that the trial is not concluded within a period of four months from today.

(Vikash Jain, J) Ibrar/BT U T