Patna High CourtCR. MISC./16965/2023bail rejected

Rakesh Bhagat v. The State Of Bihar

2023-08-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16965 of 2023 Arising Out of PS. Case No.-370 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== RAKESH BHAGAT Son of Mohan Bhagat R/V- Ajgari Math Chailaha, P.SBanjariya Dist- East Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Union of India Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-08-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with N.D.P.S. Case no.27 of 2020 (arising out of Sugauli P.S. Case no.370 of 2020) registered under sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act (N.D.P.S. Act).

3. As per the prosecution case, 100 kgs of ganja was recovered from a truck of which the petitioner was the khalasi.

4. The earlier application for bail of the petitioner was rejected vide order dated 10.12.2021 (Annexure-1) passed in Cr. Misc. no. 30805 of 2021.

5. Learned counsel for the petitioner submits that inspite of the petitioner being in custody since 19.7.2020, not

Patna High Court CR. MISC. No.16965 of 2023(9) dt.09-08-2023 2/2 having any criminal antecedent and having cooperated in the trial in the learned trial Court, the trial is still pending and there is no chance of the same concluding in the near future.

6. The application for bail is opposed by learned A.P.P. for the State.

7. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, contents of the report received from the learned trial Court together with the statements at the bar to the effect that all the witnesses on behalf of the prosecution have been examined, the Court is not inclined to enlarge the petitioner on bail and the same is rejected.

8. Learned trial Court is directed to expedite the trial and conclude the same within a period of four months from the date of receipt/production of a copy of this order. (Partha Sarthy, J) Bibhash U T