Pramod Kumar @ Pramod Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23560 of 2020 Arising Out of PS. Case No.-186 Year-2017 Thana- BARAUNI District- Begusarai ====================================================== PRAMOD KUMAR @ PRAMOD ROY S/o Late Devendra Prasad @ Devi Rai @ Devi Roy R/o Village- Sarif Ganj, P.S.- Malsalami, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2020 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. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in N.D.P.S. case No.12(A) of 2017 arising out of Barauni Zeromile P.S. case No.186 of 2017 registered under Sections 20/22 of N.D.P.S. Act, pending in the court of 1st Additional Sessions Judge-cum-Special Judge, POCSO Act and N.D.P.S. Act, Begusarai.

Patna High Court CR. MISC. No.23560 of 2020(3) dt.07-12-2020 2/2 The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that the petitioner was the owner of the truck, from which 583 kgs ganja was said to have been recovered. Same was beyond the commercial quantity and hence the petitioner was not entitled for bail under Section 37 of N.D.P.S. Act. A report was called for from the trial court. It has been reported that out of seven prosecution witnesses, one prosecution witness has already been examined and the trial is likely to be concluded within six months.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T