Ranjit Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29308 of 2022 Arising Out of PS. Case No.-13 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Ranjit Malakar S/O Hiran Malakar R/V- Agrtalla, Neta Jee Subhash Pulli, P.O.- Chawani Agartalla, P.S.- West Thana, Distt- North Tripura, StateTripura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 328, 120(B), 34 of the Indian Penal Code and Section 44 of the Bihar Prohibition & Excise Act. Earlier the prayer for bail of the petitioner was rejected by a coordinate Bench of this Court vide order dated 19.08.2020 passed in Cr. Misc. No. 20546 of 2020.

There is recovery of 633.100 Kgs of Ganja

Patna High Court CR. MISC. No.29308 of 2022(14) dt.06-12-2023 2/3 from a truck. The petitioner was alleged to be the driver of the truck in question.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner driver of the truck in question was not aware about the ganja being loaded in the alleged truck. The petitioner is languishing in custody since 19.06.2017. Learned counsel appearing on behalf of the N.C.B has vehemently opposed the prayer for bail of the petitioner.

In pursuance to the direction of this Court, a report with regard to the present stage of the trial has been received which has been kept at Flag-B. The report of learned Additional District & Sessions Judge-XVIII, Patna dated 06.11.2023 suggests that trial will be concluded within two and half months.

Considering the fact that huge quantity of

Patna High Court CR. MISC. No.29308 of 2022(14) dt.06-12-2023 3/3 Ganja was recovered from a truck of which the petitioner was driver, this Court is not inclined to grant bail to the petitioner.

Accordingly, the petition is disposed off with a direction to the learned Court below to expedite the trial and conclude the same within a period of two months from today.

The petitioner will be at liberty to renew his prayer for bail, if the trial is not concluded with two months.

(Sunil Kumar Panwar, J) Shageer/- U T