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Patna High CourtCR. MISC./18651/2023bail rejected

Rajnish Kumar @ Raja v. The State Of Bihar

2023-05-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18651 of 2023 Arising Out of PS. Case No.-102 Year-2020 Thana- MANIYARI District- Muzaffarpur ====================================================== RAJNISH KUMAR @ RAJA Son of Virendra Kishore Singh @ Tantan Singh Resident of Village - Balra Kishun, P.S.- Maniyari, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-05-2023 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in connection with Maniyari P.S. Case no. 102 of 2020 registered under section 414 of the Indian Penal Code and sections 8, 20 and 22 of the NDPS Act.

As per the prosecution case, the petitioner was caught by the police personnel and about 850 gm. of charas like substance was recovered from his possession.

The earlier application for bail of the petitioner was rejected vide order dated 21.10.2021 (Annexure-1) passed in Cr. Misc. no.19153 of 2021.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. Inspite of the petitioner being in custody since

Patna High Court CR. MISC. No.18651 of 2023(3) dt.10-05-2023 2/2 15.5.2020, no witness has been examined on behalf of the prosecution in the learned trial Court and there is no chance of the trial concluding in the near future. The petitioner undertakes to cooperate in the trial.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegation of recovery of 850 grams of charas from the possession of the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

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