Pankaj Kumar Thakur @ Pankaj Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33522 of 2020 Arising Out of PS. Case No.-80 Year-2020 Thana- JAKKANPUR District- Patna ====================================================== Pankaj Kumar Thakur @ Pankaj Thakur, male, aged about 41 years, Son of Shri Ram Vinod Thakur, Resident of Village- Ismailpur, P.S.- Hajipur Sadar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-02-2021 Heard Mr. Ajay Kumar Thakur, learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in connection with Jakkanpur P.S. Case No. 80 of 2020, dated 29.01.2020, instituted for the offences under Sections 401 and 414 of the Indian Penal Code and Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Patna High Court CR. MISC. No.33522 of 2020(3) dt.03-02-2021 2/3 450 grams of Charas is said to have been recovered from the possession of the petitioner. Learned counsel for petitioner has submitted that the F.I.R. was lodged on 29.01.2020 but it was endorsed by the learned Chief Judicial Magistrate on 31.01.2020, even when the Court is barely five kilometers from the concerned police station.

The other ground raised on behalf of the petitioner is that a miscellaneous case also has been filed on his behalf that he was picked-up from his house by the police in a mala fide manner.

The aforesaid grounds do not persuade this Court for granting bail to the petitioner.

The prayer for grant of bail of the petitioner is, accordingly, rejected.

However, taking into account the period of custody of the petitioner, which is from 31.01.2020, this Court directs that the trial of the petitioner be expedited and concluded within a reasonable period of time. If for any reason which is not attributable to the

Patna High Court CR. MISC. No.33522 of 2020(3) dt.03-02-2021 3/3 petitioner, there is no substantial progress in the trial within the next six months, it would be open for him to approach the Trial Court for grant of bail and in that event, the Trial Court would be under an obligation to record the reasons for non-conclusion of the trial within the aforesaid period. The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T