Patna High CourtCR. MISC./35879/2024dismissed

Ravi Kumar v. The State Of Bihar

2024-05-17Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35879 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Ravi Kumar son of Ramekbal Sah @ Rampukar Sah Village- Ahiyapur, PSSahebganj, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Soni Srivastava, Advocate Ms. Aditi Sharma, Advocate For the State :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 17-05-2024 Prior to the present Petition, the Petitioner had moved this Court vide Cr. Misc. No. 42945 of 2023 for regular bail. However, the same was rejected vide order dated 06.09.2023, and hence, he has filed the present petition on the ground of lapse of time and delay in trial.

2. Heard Ld. counsel for the petitioner and Ld. APP for the State.

3. The petitioner seeks bail in connection with Chakia P.S. Case No.129 of 2023, dated 10.04.2023, registered for the offences punishable under Sections 08, 20 (b) (ii) (c), 22 and 24 of the N.D.P.S. Act, 1985 and Section 25 (1-B) (a), 26 and 35 of the Arms Act.

4. As per allegation, 1 kg 39 grams of contraband

Patna High Court CR. MISC. No.35879 of 2024(2) dt.17-05-2024 2/2 (charas) has been recovered from beneath the seat of a motorcycle. Moreover, A country made pistol, two live cartridges and three mobile phones were also recovered from the co-accused.

5. Ld. counsel for the petitioner submits that till date even charge has not been framed and the Petitioner is in custody for more than one year. She further submits that the petitioner has been languishing in jail since 11.04.2023.

6. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail.

7. Considering the quantity of the contraband recovered, I am not persuaded to enlarge the petitioner on bail at this stage.

8. The petition is dismissed accordingly.

9. However, Ld. Trial Court is directed to expedite the Trial and in case the Trial is not concluded within one year, the petitioner would be at liberty to renew his prayer for bail. (Jitendra Kumar, J.) Chandan/ ravishankarU T