Hem Prasad Dahal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13250 of 2020 Arising Out of PS. Case No.-131 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== Hem Prasad Dahal Son of Jay Prasad Dahal Resident of Village - Katunne, P.S.- Subarn Nagar Tola, District- Bhaktepur, Nepal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Virendra Kumar, Advocate For the Opposite Party/s :
Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-10-2020 Heard Mr. Virendra Kumar, learned Advocate for the petitioner and Mr. Pancha Nand Pandit, learned APP for the State.
The petitioner seeks bail in connection with Bairgania P.S. Case No. 131 of 2019 dated 14.06.2019 instituted for the offence under Sections 27(b)(ii), 28 of the N.D.P.S. Act.
His prayer for bail was earlier rejected vide order dated 20.11.2019 passed in Cr. Misc. No. 58357 of 2019.
This Court had asked for a report about the stage of the trial from the court below by order dated 03.07.2020. The report has since been received which indicates that charges in this case have already been framed.
Patna High Court CR. MISC. No.13250 of 2020(4) dt.16-10-2020 2/2 For the nature of accusation against the petitioner, I am not inclined to grant bail to him for the present.
Accordingly, the prayer for bail is rejected. However, the trial court is directed to conclude the trial positively within a period of nine months from the date of production/receipt of a copy of this order. If there is no substantial progress in the trial by the aforesaid date, it would be open for the petitioner to approach the trial court for grant of bail and in that event the trial court shall be required to indicate the reason for tardy progress of trial.
(Ashutosh Kumar, J) krishna/- U T