Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12743 of 2023 Arising Out of PS. Case No.-160 Year-2021 Thana- RAJAPAKAR District- Vaishali ====================================================== VIJAY KUMAR, Son of Kedar Das, R/o Village - Kutubpur Saidpur, Ward No.- 06, P.S.- Bidupur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Rajapakar P.S. Case No. 160 of 2021 registered for the offence punishable under Sections 8, 20(b)(ii)(c), 22, 25 and 29 of the N.D.P.S. Act. The petitioner has renewed his prayer for bail which was earlier rejected having regard to the nature of allegations involving the recovery of 25 Kg. 850 grams Ganja from the petitioner's Tempo which he was driving.

Learned counsel for the petitioner submits that there is no progress at the trial, which is corroborated from report of the Learned Additional District and Sessions Judge 1st-cum-Special Judge, Vaishali at Hajipur, dated 08.05.2023. The petitioner,

Patna High Court CR. MISC. No.12743 of 2023(3) dt.17-05-2023 2/2 having no criminal antecedents, is stated to be in custody since 18.06.2021.

Learned APP for the State has opposed the prayer for bail.

Having regard to the recovery of commercial quantity and the bar under Section 37(1)(b) of the NDPS Act, this Court, for the purposes of grant of bail, is not inclined to take a different view than what was taken on 15.04.2022 and 24.08.2022 when the petitioner's prayer for bail was rejected and disposed of in Cr. Misc. No. 64628 of 2021 and Cr. Misc. No. 38966 of 2022 respectively.

Prayer for bail of the petitioner is rejected. The court, however, would direct the trial court to expedite the trial.

(Madhuresh Prasad, J) shashank/- U T