Patna High CourtCR. MISC./25494/2017dismissed

Rakesh Chaudhary @ Chirai Chaudhary @ Sanjay Kumhar v. The State Of Bihar

2017-07-26Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25494 of 2017 Arising Out of PS.Case No. -57 Year- 2015 Thana -KOILWAR District- BHOJPUR ====================================================== Rakesh Chaudhary @ Chirai Chaudhary @ Sanjay Kumhar, Son of Bhikhari Chaudhary @ Bhikhari Kurmi, Resident of Village- Chhota Bishunpur, Police Station- Shahpur, District- Bhojpur at Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-07-2017 Heard Sri Arbind Kumar Singh, learned counsel for the petitioner and Sri Chaubey Jawahar, learned Additional Public Prosecutor.

This is the second attempt for grant of bail. Earlier, by order dated 16.12.2016 passed in Cr. Misc. No. 44992 of 2016 the prayer for bail of the petitioner was rejected by this Court considering the fact that from the Bolero, which was being driven by the petitioner about 110 kilograms of Ganja was recovered. Learned counsel for the petitioner submits that one of the co- accused has already been extended the privilege of bail on 26.04.2017 vide Cr. Misc. No. 14557 of 2017, however in this case by order dated 28.06.2017 a report was called for from the court below , which has been received and kept at flag 'A'. The

Patna High Court Cr.Misc. No.25494 of 2017 (4) dt.26-07-2017 2/2 report suggests that till date six witnesses have already been examined and only the Investigating Officer is required to be examined. Considering the fact that trial is at the fag end, there is no question for considering the prayer for bail. Similarly, it hardly matters whether another co-accused has been extended the privilege of bail or not. Considering the fact that trial is at the fag end and the nature of accusation , which suggests that about 110 kilograms of Ganja was recovered from the Bolero , which was being driven by the petitioner, the prayer for bail again stands rejected.

(Rakesh Kumar, J) Praful/- U T