Patna High CourtCR. MISC./31840/2020dismissed

Debu Rajak v. The State Of Bihar

2021-01-18Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31840 of 2020 Arising Out of PS Case No.-337 Year-2018 Thana- BAHADURGANJ District- Kishanganj ==================================================== Debu Rajak (M), aged about 39 years, Son of Nageshwar Rajak, Resident of Jalpaiguri, Ward No.21, Police Station- Kotwali Sadar, District- Jalpaiguri (W.B.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajnish Kumar, Advocate For the State :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18-01-2021 Heard Mr. Rajnish Kumar, learned counsel for the petitioner and Mr. Md Arif, learned In-charge Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Bahadurganj PS Case No. 337 of 2018 dated 17.12.2018, instituted under Sections 8/20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by Hon'ble Mr. Justice Sanjay Priya, as he then was, on 17.07.2019 in Cr. Misc. No. 32270 of 2019.

4. On 17.12.2020, a report was called for from the Court below with regard to the position of the trial and also it was observed that the Court below shall indicate as to how soon the

Patna High Court CR. MISC. No.31840 of 2020 dt.18-01-2021 2/2 trial would be concluded. Pursuant to the same, report has been received from the learned District and Sessions Judge, Kishanganj (trial court) dated 18.12.2020 in which it has been stated that 10th and last prosecution witness has been examined on 26.11.2020 and it was expected that the trial would be concluded in the month of January, 2021. He has further assured to conclude the trial in January, 2021.

5. Having regard to the aforesaid, the Court does not find any occasion to consider the prayer for grant of bail to the petitioner as the trial has almost reached conclusion.

6. Accordingly, the application stands dismissed.

7. However, the Court below shall ensure that the trial is concluded in this month, as has been assured in the report of the Court concerned dated 18.12.2020.

8. Learned counsel for the petitioner shall e file the main application supported by affidavit latest by day after tomorrow.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T