Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21972 of 2020 Arising Out of PS. Case No.-1 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== RAKESH KUMAR Son of Prabhu Prasad Resident of Ashok Nagar Road No.-8 P.S. Kankarbagh, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. It has been pointed out that vide order dated 10.07.2020 passed in the present proceeding, a report has been called for from the Trial Court regarding the stage of the case but in place of order number 2, it has been inadvertently typed as Order No. 6. let the serial number of order dated 10.07.2020 be read as Order No. 2 in place of Order No. 6.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Special Case No. 08 of 2019 arising out of P.R. Case No. 01 of 2018-19 instituted for the offences

Patna High Court CR. MISC. No.21972 of 2020(3) dt.17-09-2020 2/2 under Section 20(b)(ii)(C) of the N.D.P.S. Act. The prosecution case in short is that 116 kg ganja has been recovered in this case.

The earlier bail application of the petitioner has been rejected taking into account that 116 kg ganja was said to have been recovered A report has been called for from the Trial Court. It has been reported that out of eight prosecution witnesses, two prosecution witnesses have already been examined and the trial of the case is pending due to COVID-19 pandemic. It has been reported that once the normalcy is restored, the trial will be concluded within a period of six months.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within six months from the date of lifting of the lockdown in the State of Bihar. (Sudhir Singh, J) Pankaj/- U T