Sumit Kumar @ Jamura v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34788 of 2022 Arising Out of PS. Case No.-167 Year-2018 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== SUMIT KUMAR @ JAMURA S/o Ashok Singh @ Ashok Kumar, Resident of Village- Kuwari Bujurg, P.S.- Gangabridge, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-10-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Industrial Area P.S. Case No. 167 of 2018 lodged under Sections 399, 402 and 414/34 of the Indian Penal Code read with sections 25(1-B)a, 26 and 35 of the Arms Act and sections 8, 20 (b)(ii)(c) and 22 of the Narcotics Drugs and Psychotropic Substance Act. Learned counsel for the petitioner submits that the bail petition of the petitioner was earlier rejected vide order dated 22.01.2021 passed in Cr. Misc. No. 29634 of 2020. Report was called for in this case by which it transpires that out of 7 witnesses named in charge sheet,
Patna High Court CR. MISC. No.34788 of 2022(3) dt.18-10-2022 2/3 examination of 5 witnesses has already been taken place. Learned counsel for the petitioner submits that petitioner is in custody since 19.09.2018 and he has having criminal antecedent of 10 cases but none of the cases is relating to NDPS. Learned counsel further submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him by the court.
In this background, I am not inclined to grant bail to the petitioner at present but liberty is hereby granted to the petitioner that he may renew his prayer for bail after 6 months from today.
Trial Court is directed to expedite the trial earliest. Speedy trial is the constitutional vision of justice. Admittedly, there are 10 cases pending against the present petitioner and all the 10 cases belong to the District Sessions Judge, Vaishali at Hajipur which are as follows :-
1. Ganga Bridge P.S. Case No. 70 of 2018,
2. Hajipur Sadar P.S. Case No. 769 of 2018,
3. Biddupur P.S. Case No. 40 of 2021,
4. Biddupur P.S. Case No.329 of 2018,
5. Biddupur P.S. Case No. 369 of 2018,
6. Rajapakar P.S. Case No. 165 of 2018,
Patna High Court CR. MISC. No.34788 of 2022(3) dt.18-10-2022 3/3
7. Biddupur P.S. Case No. 368 of 2018,
8. Biddupur P.S. Case No. 361 of 2020,
9. Hajipur Town P.S. Case No. 1092 of 2019,
10. Hajiipur Town P.S. Case No. 1052 of 2019. Let the District and Sessions Judge, Vaishali at Hajipur is directed to do the needful, so that all the cases which are magisterial triable or sessions triable prior commitment shall run before one Magistrate with one date and the cases which are sessions triable after commitment shall run before one session court with one date and special cases, if any, shall run before the Special Court only.
Let the copy of this order be communicated to the District and Sessions Judge, Vaishali at Hajipur for his information and necessary compliance.
With these observations, the bail application stands rejected.
(Dr. Anshuman, J.) ravishankar/- U T