Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26886 of 2022 Arising Out of PS. Case No.-17 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Vicky Kumar S/o Sanjay Singh R/o village- Lodia, P.S.- Lakhisarai, DistrictLakhisarai ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Union of India through the Department of Narcotics Control Beureu Digha Road, Patna Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash Maharaj, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-06-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of F. No. NCB/PZU/V/17/2019 in connection with Special Case No. 102 of 2019, disclosing offence punishable under Sections 8(c), 20(b)(ii)(c) and 29 of the NDPS Act.

The petitioner's prayer for bail was earlier rejected by this Court by an order dated 02.03.2020 taking into account the accusation of recovery of commercial quantity of Ganja from the petitioner's possession, he being the driver of the Oil Tanker from which the recovery was made, in the light of provision under Section 37 of the NDPS Act.

Patna High Court CR. MISC. No.26886 of 2022(2) dt.22-06-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that there has not been any substantial progress at the trial and, therefore, the petitioner deserves to be released on bail.

Considering the clear provision under Section 37 of the Act, which was the reason why the petitioner's similar prayer for bail was earlier rejected by this Court, I am not inclined to grant the privilege of bail to the petitioner for the present. This application is accordingly rejected.

This Court however expects that the Court below shall make sincere endeavour to ensure early conclusion of the trial arising out of aforesaid F. No. NCB/PZU/V/17/2019 in connection with Special Case No. 102 of 2019. (Chakradhari Sharan Singh, J) K.K.RAO/- U T