Ramnath Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31762 of 2020 Arising Out of PS. Case No.-35 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== RAMNATH BHAGAT Son of Late Harihar Bhagat Resident of Village - Chintamanipur, P.S.- Vaishali, District - Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Union of India through Narcotics Control Bureau Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Union of India :

Mr. Manoj Kumar Singh, Advocate For the State :

Mr. Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-12-2020 In view of the submission and the undertaking of the learned counsel for the petitioner, at the time of hearing of this application through video conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 25.11.2020, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.

Heard Sri Rajesh Kumar, learned counsel for the petitioner, Sri Manoj Kumar Singh, learned counsel appearing for Union of India and Sri Dinesh Singh, learned A.P.P. appearing for the State through video conferencing. The petitioner seeks bail in connection with

Patna High Court CR. MISC. No.31762 of 2020(3) dt.16-12-2020 2/3 Special Case No. 76 of 2018 (N.C.B. Case No. 35 of 2018), registered under Sections 8, 20, 23, 25, 27A and 29 of the N.D.P.S. Act, pending in the Court of A.D.J-IV, Patna. Learned counsel appearing on behalf of petitioner submits that the prayer for bail of the petitioner was earlier rejected by a Co-ordinate Bench of this Court on 16.10.2019 vide Criminal Miscellaneous No. 56803 of 2019 with a direction to conclude the trial of the petitioner within six months, but the trial has not been concluded as yet. Further submission is that the petitioner is in custody since 20.07.2018.

Learned counsel appearing on behalf of Union of India through Narcotics Control Bureau, Patna submits that due to pandemic of Covid-19, the trial court is not functioning properly due to that reasons, the trial of the petitioner has not been concluded.

It appears that the prayer for bail of the petitioner was refused due to recovery of huge quantity to the tune of 142 Kg Ganja from the vehicle, which was being driven by petitioner and others.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge

Patna High Court CR. MISC. No.31762 of 2020(3) dt.16-12-2020 3/3 the petitioner on bail. Accordingly, the bail prayer of the petitioner, above named, is rejected.

(Rajendra Kumar Mishra, J) manish/- U T