Rajendra Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29133 of 2019 Arising Out of PS. Case No.-50 Year-2017 Thana- CHHATAUNI District- East Champaran ====================================================== RAJENDRA GUPTA Son of Ram Bahadur Sah Resident of Village - Harnarayna, P.S.- Pipra, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with NDPS Case No. 17 of 2017 for the offence under Sections 20, 22 and 17A(c) of the NDPS Act.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, earlier the prayer for bail of this petitioner has been rejected vide order dated 16.04.2018 by a co-ordinate Bench of this Court with a direction to the court below to conclude the trial within twelve months but out of six witnesses only two witnesses have been examined as yet and therefore, the trial

Patna High Court CR. MISC. No.29133 of 2019(3) dt.21-08-2019 2/2 is not likely to be concluded in near future. The petitioner is languishing in judicial custody since 22.02.2017. Hence, the petitioner may be enlarged on regular bail.

Learned counsel for the State has opposed the prayer for bail and submitted that 02 kg Hasis has been recovered from the conscious possession of the petitioner and the trial of this case is likely to be concluded in six months which is evident from the report of 1st Additional Sessions Judge, East Champaran, Motihari, at 'Flag-A'. Considering the facts and circumstances of the case, this Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer for grant of regular bail of this petitioner is rejected.

However, the learned trial court is directed to expedite the trial and try to conclude the same within a period of six months from the date of this order. (Arvind Srivastava, J) brajesh/- U T