Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33728 of 2023 Arising Out of PS. Case No.-150 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== Rahul Kumar, Son of Kamlesh Thakur @ Kamlesh Kumar Thakur, resident of Village- Rasulpur, P.S. -Karja, District -Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-07-2023 Learned senior counsel, Mr. Ramakant Sharma while appearing on behalf of the petitioner submitted that this Court while rejecting the prayer of bail of this petitioner vide order dated 21.09.2022 as passed in Cr. Misc. No.64778 of 2021was observed that trial of the case would be concluded within six months from the date of receipt of said order by taking the matter on day-to-day basis, if required and for so, a further direction was issued by this Court to the Senior Superintendent of Police, Muzaffarpur to produce the charge-sheeted witnesses, as and when directed by the learned Trial Court so as to conclude the trial within specified time period of six months. Despite of that, not even a single charge-sheeted witness examined in last nine months since passing aforesaid order and

Patna High Court CR. MISC. No.33728 of 2023(4) dt.12-07-2023 2/2 certainly, the petitioner cannot be kept behind bar for unlimited period of time in the name of trial, where prosecution is appearing not serious. It is further pointed out that charges were famed on 10.08.2022 with no further progress, where petitioner is in custody since 08.07.2021.

A report was also called for by this Court from learned Trial Court regarding the stage of trial, where it appears from report dated 05.07.2023 of learned Trial Court that not even a single witness was examined in this case out of ten charge-sheeted witnesses.

In view of above-mentioned facts and circumstances, as it can be gathered safely that trial of this case is not likely to conclude in near future, accordingly, the petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, NDPS Act, Muzaffarpur in connection with Kajra P.S. Case No.150 of 2021, subject to the conditions as laid down under Section 437(3) of the CrPC (Chandra Shekhar Jha, J.) Sanjeet/- U T